James v. State

James, convicted of kidnapping with a firearm, aggravated assault with a firearm, and possession of a short-barreled shotgun, appeals, urging that aggravated assault with a firearm is a category IV lesser included offense of kidnapping with a firearm. We agree.

In Brown v. State, 206 So.2d 377 (Fla.1968), the Supreme Court defined four types of lesser included offenses. Category IV encompasses those which may or may not be included in the greater offense depending upon the allegations of the information and the proof at trial. To determine if an offense falls within category IV, one first…