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SANDERS v. STATE

No. 80-1847.

396 So.2d 1192 (1981)

John SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 15, 1981.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's judgment and sentence of aggravated battery in violation of section 784.045, Florida Statutes (1979). In light of this court's recent holding in McAbee v. State, 391 So.2d 373 (Fla.2d DCA 1980), appellant's judgment and sentence for "attempted" resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), is hereby vacated.

BOARDMAN, Acting C.J., and GRIMES...

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