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VITKO v. STATE

Nos. 78-536, 78-645.

363 So.2d 42 (1978)

Melvin Lee VITKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Appellant contends that the trial court erred in adjudging him guilty of aggravated assault. We agree.

On January 4, 1978, the State filed a two-count information charging appellant with attempted robbery and battery. The attempted robbery count read as follows:

[Appellant] by force, violence or assault, or putting RODDIE SMITH in fear, willfully and against the will of said RODDIE SMITH, did attempt to take money or other property from...

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