Osborn v. State

Full title: RICHARD DUANE OSBORN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 1, 1977

345 So. 2d 755 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-445.

April 1, 1977.

Appeal from the Orange County Circuit Court, Peter M. deManio, J.

Richard L. Jorandby, Public Defender, and Frank B. Kessler and Tatjana Ostapoff, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This is an appeal from a conviction of aggravated assault. Two points have been argued, but only one has merit.

Appellant specifically requested that the trial judge charge the jury on attempted aggravated assault. The trial court refused this request, on the theory that no such crime existed. This was reversible error. State v. White, 324 So.2d 630 (Fla. 1975); Irving v. State, 337 So.2d 1014 (Fla.2d DCA 1976).

REVERSED and REMANDED for a new trial.

ALDERMAN, ANSTEAD and LETTS, JJ., concur.