Patterson v. State

AFFIRMED. We find no error by the trial court in refusing to instruct the jury on the offense of improper exhibition of a weapon as a permissive lesser included offense of the charge of aggravated battery with a firearm. The only allegations against appellant in connection with the aggravated battery charge were that he committed the battery with a firearm. By contrast, the lesser offense of improper exhibition occurs when a defendant, “in the presence of one or more persons, exhibit[s] the [weapon] in a rude, careless, angry, or threatening manner, not in necessary self-defense.” Section…