Opinion
No. 90-1010.
February 27, 1991. Rehearing Denied April 24, 1991.
Appeal from the Circuit Court for Martin County; Paul Kanarek, Judge.
Robert J. Watson of Frierson Watson, Stuart, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction of manslaughter with a firearm. We reverse his conviction of aggravated assault with a firearm and remand for resentencing. Howlett v. State, 260 So.2d 878 (Fla. 4th DCA 1972); Booker v. State, 93 Fla. 211, 111 So. 476 (1927). See also Long v. State, 92 So.2d 259 (Fla. 1957).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., LETTS, J., and WALDEN, JAMES H. (Retired), Associate Judge, concur.