Christ v. State

CRENSHAW, Judge.

Noel E. Christ appeals his judgment and sentence to 69.45 months’ prison for aggravated assault with a deadly weapon. Because the trial court erred by failing to give the requested jury instruction on improper exhibition of a dangerous weapon as a lesser-included offense of aggravated assault, we reverse and remand for a new trial.

At trial, the State presented evidence that on January 31, 2010, Christ caused a disruption inside a Bradenton convenience store and was asked to leave. Once outside the store, Christ, who appeared intoxicated, approached one man from behind as the…