Opinion
No. 90-3640.
July 3, 1991. Rehearing Denied August 19, 1991.
An appeal from the Escambia County Circuit Court; William H. Anderson, Judge.
Nancy A. Daniels, Public Defender, Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Virlindia Doss, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant challenges his conviction for aggravated assault with a firearm, asserting error in the trial court's refusal to give an instruction on the category 2 lesser included offense of improper exhibition of a firearm. Because we find that the pleadings and proof supported a charge for improper exhibition, it was error for the trial court to refuse the requested charge. See Meyer v. State, 501 So.2d 8 (Fla. 4th DCA 1986); Janus v. State, 477 So.2d 644 (Fla. 2d DCA 1985).
Accordingly, the judgment of conviction is reversed and the case is remanded for a new trial.
ERVIN, ZEHMER and MINER, JJ., concur.