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ROSS v. STATE

No. 78-1540.

373 So.2d 41 (1979)

David ROSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 10, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Michael S. Becker, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Acting Chief Judge.

Appellant, David Ross, was tried by jury and convicted of attempted robbery. On appeal Ross argues that the trial court erred in refusing his request to instruct the jury on the offenses of battery and assault which he contends are lesser included offenses of the attempted robbery in this case. We agree and reverse.

The information against Ross charged that he:

[D]id unlawfully and knowingly attempt to commit an offense...

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