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STATE v. RUSSO

No. 73-601.

299 So.2d 40 (1974)

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

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 19, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons and Nelson E. Bailey, Asst. Attys. Gen., West Palm Beach, for appellant.

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

DOWNEY, Judge.

Appellee was charged with assault with intent to commit murder in the first degree. After an unsuccessful attempt to suppress certain evidence, appellee negotiated a plea of nolo contendere to the lesser included offense of aggravated assault, and reserved his right to appeal the adverse ruling on his motion to suppress. He was successful on appeal, Russo v. State, Fla. App. 1972, 270 So.2d 428, this court holding...

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