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RUSSO v. STATE

No. 71-628.

270 So.2d 428 (1972)

Frank RUSSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 19, 1972.

Attorney(s) appearing for the Case

Ray Sandstrom of Sandstrom & Hodge, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas L. Brown, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

Being convicted and sentenced for aggravated assault, the defendant appeals. We reverse and remand for a new trial.

After completion of trial court proceedings, F.S. 856.02, Laws of 1969, F.S.A., and the Jacksonville vagrancy ordinance were declared unconstitutional. Smith v. State of Florida (1972), 405 U.S. 172, 92 S.Ct. 848, 31 L.Ed.2d 122; Papachristou v. City of Jacksonville (1972), 405 U.S...

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