Cherry v. State

LILES, WOODIE A., Associate Judge (Retired).

Cherry was charged by information with attempted first degree murder, together with displaying or using a firearm in violation of Section 790.07(2), Florida Statutes (1977). He plead not guilty; and following a trial, the jury found him guilty of aggravated assault with a firearm. Motion for new trial was denied, and the judge sentenced him to seven years in prison with the requirement that he serve three years before being considered eligible for parole.

Cherry appeals to this Court and assigns six points for reversal and discharge. First, we note…