AUGHTMAN E. CRUCE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AUGHTMAN E. CRUCE, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
350 So. 2d 518
Florida District Court of Appeal, Fourth District (1977)
Opinion of the Court
PER CURIAM.
To sustain a charge of aggravated assault there must be proof that the victim was in fear of imminent bodily injury. Lopez v. State, 345 So. 2d 757 (Fla. 4th DCA 1977). There was no proof of this necessary element offered at the trial of this case. Accordingly, the judgment and sentence are reversed. Since the evidence at trial established that appellant was guilty of battery, a lesser offense necessarily included in the charge upon which the appellant went to trial, we remand this cause to the trial court with directions to enter a judgment and sentence for battery, a first degree misdemeanor. See Clark v. State, 337 So. 2d 798 (Fla.1976).
REVERSED AND REMANDED, with directions.
ANSTEAD, DAUKSCH and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Clark v. State, 337 So. 2d 798 (Fla. 1976)
- First Funding Corp. v. Shattuck, 345 So. 2d 757 (Fla. 4th DCA 1977)