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MATHEWS v. STATE

No. 76-1301.

353 So.2d 1274 (1978)

Jimmy MATHEWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1978.

Attorney(s) appearing for the Case

Enrique Escarraz, III, St. Petersburg, for appellant.

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

HOBSON, Acting Chief Judge.

Appellant Mathews and his codefendant Johnny Baker were originally charged with the aggravated battery of Cecil Pratt (count 1) and the battery of Donald Fetzer (count 2). Both were convicted as charged on count 2, but on count 1 appellant was found guilty of aggravated assault, while Baker was found guilty of the lesser included offense of battery. Appellant claims on appeal that the trial court...

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