NORDONE v. STATE

No. 74-808.

307 So.2d 907 (1975)

Robert Randolph NORDONE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1975.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and Steven Rappaport, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and NATHAN, JJ.


HENDRY, Judge.

The appellant seeks review of a conviction for robbery and aggravated assault and a sentence totaling eighty years in the state penitentiary.

Two points on appeal have been presented to this court. Under his first point, appellant contends that the trial court erred by failing to charge the jury on the offense of assault and battery as a lesser included offense of aggravated assault, which was charged in the indictment.

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