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ROBERTS v. STATE

No. 78-1601.

374 So.2d 1000 (1979)

Albert ROBERTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 1, 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., Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

On this appeal from a finding of guilty of two counts of aggravated assault, burglary of a dwelling while armed with a sawed-off rifle and display of a sawed-off rifle during the commission of a felony, the defendant claims fundamental error in that the information tracks the "aggravated assault" statute, Section 784.021(1), Florida Statutes (1977), but does not allege the elements of the offense of aggravated assault.

The defendant pled to the...

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