LOPEZ v. STATE

No. 76-852.

345 So.2d 757 (1977)

Jose S. LOPEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 1, 1977.


Attorney(s) appearing for the Case

Howard M. Zeidwig, Fort Lauderdale, for appellant.

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


PER CURIAM.

Our opinion filed March 11, 1977, is withdrawn and this opinion is filed in place thereof.

This is an appeal from a conviction of aggravated assault. The defendant, Jose S. Lopez, who was tried upon a charge of aggravated battery, claims that the evidence did not support the conviction of aggravated assault. We agree and reverse.

To sustain a charge of aggravated assault there must be proof that the victim was in fear of imminent bodily...

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