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JAMES v. STATE

No. OO-194.

386 So.2d 890 (1980)

Francis Howard JAMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 19, 1980.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Thomas S. Keith, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

James, convicted of kidnapping with a firearm, aggravated assault with a firearm, and possession of a short-barreled shotgun, appeals, urging that aggravated assault with a firearm is a category IV lesser included offense of kidnapping with a firearm. We agree.

In Brown v. State, 206 So.2d 377 (Fla. 1968), the Supreme Court defined four types of lesser included offenses. Category IV encompasses those which...

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