Fernandez v. State

570 So.2d 1008 (1990)

Elio Frank FERNANDEZ, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 89-00031.

District Court of Appeal of Florida, Second District.

October 12, 1990.

Rehearing Denied December 12, 1990.

J. Thomas Wright, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Elio Frank Fernandez, Jr., appeals his conviction for aggravated assault. We reverse his conviction because the trial court did not instruct the jury as requested on the category two lesser-included offense of discharging a…