ROGER E. CARUTHERS v. STATE OF FLORIDA

Appellant appeals his convictions for two counts of aggravated assault with a firearm, challenging the admission of a video recording and the trial court’s refusal to instruct the jury on a lesser included offense. We find no error in admitting the video recording into evidence. However, we find that, based on the charging document and evidence adduced at trial, improper exhibition of a firearm was a permissive lesser included offense of attempted first-degree murder. We further find that the trial court committed per se reversible error in refusing to give the instruction, as it was one step…