Ammons v. State

We have for review Ammons’ judgment of conviction and sentence for aggravated battery with a firearm. His sole point on appeal questions whether the trial court erred in not instructing the jury on the offense of improper exhibition of a firearm as a permissive lesser included offense of attempted first degree murder. We reverse.

The state charged Ammons with attempted premeditated murder in the shooting of Alphonso Williams. The court instructed the jury on attempted first degree murder with a firearm, attempted second degree murder with a firearm, attempted manslaughter with a firearm, and…