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BENTON v. STATE

No. 75-1376.

330 So.2d 203 (1976)

Robert Lewis BENTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Dennis P. Maloney, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant was charged in a two-count information with assault to murder (first degree) with a deadly weapon and having or using a firearm while in the commission of a felony. Appellant pled nolo contendere to both counts. Following a presentence investigation, the court adjudicated appellant guilty and sentenced him to five years imprisonment as to Count One (assault to murder). The trial judge adjudged appellant guilty as to Count Two (use of firearm...

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