Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Thomas Edward FULLER, Appellant, v. STATE of Florida, Appellee.

CANADY, Judge.

Thomas Edward Fuller appeals his judgment and sentence for aggravated assault with a deadly weapon. We affirm the denial of Fuller's motion for judgment of acquittal without comment. We conclude, however, that the jury instructions were — as the State concedes — fundamentally erroneous because they improperly "permitted the jury to convict [the defendant] of aggravated assault[, see § 784.021, Fla. Stat. (2004),] if one alleged victim was threatened while the other [alleged victim] had a well-founded fear of violence." Millet v. State, 918 So.2d 415, 416-17 (Fla. 2d DCA 2006); see also Tindle v. State, 832 So.2d 966, 967 (Fla. 5th DCA 2002); James v. State, 706 So.2d 64, 65 (Fla. 5th DCA 1998). We therefore reverse and remand for a new trial.

Reversed and remanded.

FULMER, C.J., and WHATLEY, J., Concur.

Use AI to get other relevant cases.

Comments

FULLER v. STATE
(Dec 8, 2006)