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STATE v. SESLER

No. 80-319.

386 So.2d 293 (1980)

STATE of Florida, Appellant, v. Carnell SESLER, Appellee.

District Court of Appeal of Florida, Second District.

July 23, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael Kotler, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

SCHEB, Chief Judge.

The state contends that the trial court erred in refusing to impose the mandatory three-year minimum sentence upon Sesler under Section 775.087(2), Florida Statutes (1979). We agree.

In September of 1979, the state charged Sesler with aggravated battery. A jury found him guilty of aggravated assault with a firearm, a lesser-included offense of aggravated battery. The court withheld adjudication...

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