Jones v. State

Appellant appeals from a conviction and sentence for aggravated assault with a firearm, § 784.021, Fla.Stat. (1985),1 as reduced from the charged offense of second degree murder. He contends that the jury’s finding him not guilty of unlawful possession of a firearm during the commission of a felony, § 790.07(2), Fla.Stat. (1985), a charge arising from the same criminal episode as the aggravated assault, requires that the inconsistent guilty verdict be set aside or amended by entering a conviction for simple assault. We disagree, and affirm.

Briefly stated, the relevant facts were as follows.…