Brulfer v. State

W. SHARP, Judge.

Brulfer appeals his convictions for two counts of attempted aggravated assault against a law enforcement officer. He had been originally charged with aggravated assault on a law enforcement officer,1 and the trial judge concluded that the attempt offenses were lesser included offenses encompassed in the assault charges. We affirm. Merritt v. State, 691 So.2d 62 (Fla. 5th DCA 1997), rev. granted, 699 So.2d 1374 (Fla.1997). We acknowledge a conflict with Fredericks v. State, 675 So.2d 989 (Fla. 1st DCA 1996).

Brulfer also argues that the trial judge erred in giving the jury an…