Payne v. State

372 So.2d 152 (1979)

Robert L. PAYNE, Appellant,

v.

The STATE of Florida, Appellee.

No. 77-2278.

District Court of Appeal of Florida, Third District.

June 12, 1979.

Rehearing Denied July 13, 1979.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

HENDRY, Judge.

Payne was charged by information with aggravated assault and unlawful possession of a firearm, and he entered a plea of not guilty to the charges. Trial by jury was had; however, due to…