State v. Salters

THREADGILL, Judge.

The state appeals an order granting Terry W. Salters’ motion for new trial. Sal-ters was charged with aggravated battery with a firearm and convicted of aggravated assault with a firearm. The trial court correctly granted the motion for new trial because the court failed to instruct the jury on a charge of improper exhibition of a firearm, a permissive lesser included offense. See Walker v. State, 609 So.2d 106 (Fla. 3d DCA 1992) and Smith v. State, 435 So.2d 961 (Fla. 1st DCA 1983). We therefore affirm the order granting a new trial.

On cross-appeal Salters contends that the…