Beckford v. State

Dante Beckford appeals his conviction for aggravated assault with a deadly weapon.1 We agree with his contention that the State failed to prove that he possessed a firearm at the time of this offense. Because the State presented no evidence that he used any other deadly weapon during this criminal episode, we reverse the conviction and the resulting three-year minimum mandatory sentence. On remand, the trial court shall enter a judgment and sentence for the necessarily lesser offense of assault. See § 924.34, Fla. Stat. (1995).

At the appellant’s jury trial, the victim testified that on the…