Martinez v. State

Eduardo Martinez appeals his conviction and sentence for aggravated assault with a firearm1 and carrying a concealed firearm.2 We affirm the convictions but reverse. the sentence.

Viewing the testimony in the light most favorable to the state, we find the following: The victim of the alleged assault, one Eric Kusmierz, first encountered the appellant when both men were driving their vehicles in the vicinity of Buffalo Avenue in Tampa. After some sort of confrontation Kusmierz became “aggravated” with Martinez and “shot him a bird.” Having reached his destination, Kusmierz sat in his car…