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STATE v. McCORMICK

No. 77-1034.

358 So.2d 250 (1978)

STATE of Florida, Plaintiff, v. Vivian McCORMICK, Defendant.

District Court of Appeal of Florida, Fourth District.

May 9, 1978.

Attorney(s) appearing for the Case

Douglas Cheshire, Jr., State's Atty., and Norman R. Wolfinger, Asst. State's Atty., Titusville, for plaintiff.

Peter Haddad, Titusville, for defendant.

PER CURIAM.

The trial court has certified the following question to us:

"Whether the use of the object in question must produce great bodily harm, permanent disability, or permanent disfigurement resulting from an assault and battery to sustain the burden of proof under Florida Statute 784.045(1)(b). If the State must show these elements and cannot, would it not be a simple assault and battery?"

Our answer to the above question would not be determinative...

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