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SMITH v. STATE

No. 77-1598.

375 So.2d 864 (1979)

David Alphonso SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 9, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and SCHWARTZ, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.

SCHWARTZ, Judge.

Smith was charged with attempted sexual battery with the use of a deadly weapon and armed robbery. The jury found him guilty of attempted sexual battery with the use of physical force not likely to cause serious personal injury and robbery with a weapon, as lesser included offenses of the respective crimes charged. None of the three issues raised in this appeal from the convictions and sentences for those crimes has merit.

The appellant first...

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