Legal Opinion

Michaud v. State

District Court of Appeal of Florida

Decided November 12, 2010No. 5D10-118PublishedCited by 7 opinions

1Opinion of the CourtEvander, J.

Michaud appeals his convictions for aggravated battery with a deadly weapon, 1 aggravated assault with a firearm, 2 and false imprisonment. 3 We affirm the convictions for aggravated battery -with a deadly weapon and false imprisonment. However, the trial court’s failure to grant Michaud’s request to have the jury instructed on improper exhibition of a dangerous weapon or firearm as a lesser included offense of aggravated assault with a firearm requires a reversal on that count.

The evidence, taken in the light most favorable to the State, establishes the following facts: In February 2009, the…

2Cases cited8 opinions

  1. Robinson v. StateDistrict Court of Appeal of Florida · 1989
  2. Fletcher v. StateDistrict Court of Appeal of Florida · 1985
  3. Coronado v. StateDistrict Court of Appeal of Florida · 1995
  4. Janus v. StateDistrict Court of Appeal of Florida · 1985
  5. Vincente v. StateDistrict Court of Appeal of Florida · 1996

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3Cited by7 opinions

  1. Christ v. StateDistrict Court of Appeal of Florida · 2013
  2. In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06Supreme Court of Florida · 2016
  3. Brown v. StateDistrict Court of Appeal of Florida · 2013
  4. Brown v. StateDistrict Court of Appeal of Florida · 2012
  5. Gayden v. StateDistrict Court of Appeal of Florida · 2016

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