Gracia v. State

SCHWARTZ, Senior Judge.

As a result of an incident in which the appellant threatened another person with a handgun, he was found guilty, insofar as relevant here, of aggravated assault with a firearm, (count I), § 784.021(l)(a), Fla. Stat. (2009), and unlawful possession of [the same] firearm while engaged in the commission of a felony, to wit: [the same] aggravated assault (count V), § 790.07(2), Fla. Stat. (2009).1 We agree with the sole contention on this appeal that, as a matter of fundamental error which need not be, as it was not, raised below, see Rimondi v. State, 89 So.3d 1059 (Fla.…