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Janus v. State
Citations: 477 So. 2d 644; 10 Fla. L. Weekly 2335Docket: 84-2753
Court: District Court of Appeal of Florida; October 9, 1985; Florida; State Appellate Court
Miroslav Janus appealed his conviction for aggravated assault, raising three issues. The court found no merit in the first two issues but reversed the conviction based on the third. The trial court correctly refused to instruct the jury on the justifiable use of force, as the evidence did not support such an instruction. Additionally, the court upheld the trial court's decision to allow questions regarding the defendant's attitude at arrest, as these questions were permissible following the cross-examination of a witness. However, the appellate court agreed that the jury should have been instructed on the lesser-included offense of improper exhibition of a firearm, which is classified as a category 2 lesser-included offense of aggravated assault. Given that improper exhibition of a firearm is a first-degree misdemeanor, it constitutes the next lesser-included offense from aggravated assault, a third-degree felony. The information presented in the case included the essential elements of this lesser offense, and evidence supported a possible verdict for it. Therefore, the failure to provide the jury with this instruction was deemed reversible error. The court reversed the conviction and remanded for a new trial.