affect substantial rights and result in prejudice to the defendant; and (4) we must correct the error if it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. Plain error arises only “in exceptional circumstances where a failure to recognize error would result in a miscarriage of justice, or where there is glaring error so grave and serious that it strikes at the very heart of the defendant’s constitutional rights.” State v. Bain, 2009 VT 34, ¶ 18, 185 Vt. 541, 975 A.2d 628 (quotation omitted). ¶ 16. It is settled that aggravated assault is a specific-intent crime. See Bourn, 2012 VT 71, ¶ 11. Defendant correctly points out that the instruction did not include the exact reference to specific “subjective” intent prescribed in Bourn. Id. ¶ 17 (<HOLDING>). However, taking the jury instructions as a
holding unlawful restraint an included offense of aggravated criminal sexual assault so conviction on the former was vacated holding that conviction for aggravated assault requires actor to subjectively intend to threaten holding attempted aggravated assault on a law enforcement officer is not a crime in florida holding reclassification impermissible where underlying felony of attempted thirddegree murder with a firearm was aggravated assault and aggravated assault includes the use of a deadly weapon as a necessary element holding that fourthdegree aggravated assault is a violent felony