Meyer v. State

Appellant-defendant was convicted on two counts of aggravated assault. The state charged that he pointed a firearm from one vehicle at the victims in another. The trial court denied appellant’s requested jury instruction on the lesser included offense of improper exhibition of a firearm. No other “lessers” were requested. Improper exhibition of a firearm is a category II lesser included offense of aggravated assault. In the Matter of the Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d 594 (Fla.), modified, 431 So.2d 599 (Fla.1981); Fla.Std. Jury Instr. (Crim.)…