Legal Opinion

Kerr v. State

District Court of Appeal of Florida

Decided September 27, 2006No. 3D04-524Published

1Per curiam

Orett Kerr appeals his convictions and sentences. We affirm in part and reverse in part.

*1247Kerr was charged by information with, inter alia, one count of attempted first degree murder of a law enforcement officer. He was convicted on that count, however, of the lesser included offense of aggravated assault on a law enforcement officer. On appeal, Kerr asserts that it was fundamental error for him to be convicted and sentenced for aggravated assault where the information failed to allege that the victim had a well-founded fear of imminent violence, a required element of aggravated assault. See §§…

2Cases cited5 opinions

  1. Ray v. StateSupreme Court of Florida · 1981
  2. Torrence v. StateDistrict Court of Appeal of Florida · 1983
  3. Sanders v. StateDistrict Court of Appeal of Florida · 2005
  4. James v. StateDistrict Court of Appeal of Florida · 2003
  5. Perry v. StateDistrict Court of Appeal of Florida · 2003

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