KONRATH v. State

997 So.2d 1281 (2009)

Timothy William KONRATH, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 5D07-3870.

District Court of Appeal of Florida, Fifth District.

January 9, 2009.

James S. Purdy, Public Defender, and Henry T. Swann, III and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Although the State failed to prove that Timothy Konrath, Jr. committed the crime of aggravated assault with a firearm, all of the elements of the lesser included offense…