M.A.A., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
M.A.A., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
834 So. 2d 963
Florida District Court of Appeal, Third District (2003)
Opinion of the Court
PER CURIAM.
Based on the state’s proper confession of error we vacate the withheld adjudication for second degree aggravated assault with a deadly weapon because the evidence presented was legally insufficient. However, the evidence is sufficient to support a judgment of guilt for the lesser included offense of improper exhibition of a weapon under section 790.10, Florida Statutes (2001). On remand, we direct the court to enter a judgment of guilt on the lesser offense and to re-sentence M.A.A. See Turner v. State, 771 So. 2d 1286 (Fla. 4th DCA 2000).