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RUSSELL v. STATE

No. 76-293.

342 So.2d 96 (1977)

David Dixon RUSSELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 1, 1977.

Attorney(s) appearing for the Case

Robert C. Eber, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

The defendant, David Dixon Russell, was adjudged guilty of committing an aggravated assault upon one Paul Comartos by shooting Comartos in the leg after an altercation in defendant's gun shop. The trial was before the court without jury. The sentence prescribed for aggravated assault is a term of imprisonment not exceeding five years.1 Defendant was given probation, the terms of which included a special condition: "... the...

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