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Fuller v. State

District Court of Appeal of Florida, Second District
Dec 8, 2006
942 So. 2d 1039 (Fla. Dist. Ct. App. 2006)

Summary

concluding the jury instructions were “fundamentally erroneous because they improperly ‘permitted the jury to convict [the defendant] of aggravated assault if one alleged victim was threatened while the other [alleged victim] had a well-founded fear of violence’ ”

Summary of this case from Fussell v. State

Opinion

No. 2D05-5660.

December 8, 2006.

Appeal from the Circuit Court for Lee County; James R. Thompson, Judge.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.


Thomas Edward Fuller appeals his judgment and sentence for aggravated assault with a deadly weapon. We affirm the denial of Fuller's motion for judgment of acquittal without comment. We conclude, however, that the jury instructions were — as the State concedes — fundamentally erroneous because they improperly "permitted the jury to convict [the defendant] of aggravated assault[, see § 784.021, Fla. Stat. (2004),] if one alleged victim was threatened while the other [alleged victim] had a well-founded fear of violence." Millet v. State, 918 So.2d 415, 416-17 (Fla. 2d DCA 2006); see also Tindle v. State, 832 So.2d 966, 967 (Fla. 5th DCA 2002); James v. State, 706 So.2d 64, 65 (Fla. 5th DCA 1998). We therefore reverse and remand for a new trial.

Reversed and remanded.

FULMER, C.J., and WHATLEY, J., Concur.


Summaries of

Fuller v. State

District Court of Appeal of Florida, Second District
Dec 8, 2006
942 So. 2d 1039 (Fla. Dist. Ct. App. 2006)

concluding the jury instructions were “fundamentally erroneous because they improperly ‘permitted the jury to convict [the defendant] of aggravated assault if one alleged victim was threatened while the other [alleged victim] had a well-founded fear of violence’ ”

Summary of this case from Fussell v. State

reversing fundamentally erroneous jury instructions on a judgment and sentence for aggravated assault with a deadly weapon in accordance with Miller

Summary of this case from Bryant v. State
Case details for

Fuller v. State

Case Details

Full title:Thomas Edward FULLER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 8, 2006

Citations

942 So. 2d 1039 (Fla. Dist. Ct. App. 2006)

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