Anderson v. StateAnnotate this Case
The Supreme Court approved the First District Court of Appeal's decision affirming Defendant's felony conviction for aggravated assault with a deadly weapon, an automobile, and rejecting Defendant's argument that his jury should have been instructed on reckless driving as a lesser-included offense, holding that Defendant was not entitled to his requested jury instruction on the permissive lesser-included offense of reckless driving where the charging instrument failed expressly to allege the element of driving.
The First District affirmed Defendant's conviction and sentence on the ground that reckless driving is not a permissive lesser-included offense of aggravated assault with a deadly weapon, an automobile unless the charging instrument alleged that the defendant was driving at the time of the offense. On appeal, Defendant argued that the information alleged use of an automobile to commit the offense and that it was undisputed that he was driving at the time of the offense, entitling him to a jury instruction on the charge of reckless driving as a permissive lesser-included offense. The Supreme Court affirmed, holding that an element of an offense cannot be established in a charging document by inference, and the charging instrument in this case failed expressly to allege the element of driving.