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McCRAY v. STATE

No. 79-930.

397 So.2d 1229 (1981)

Don M. McCRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ.

SCHWARTZ, Judge.

McCray was charged in a two count information with, respectively, aggravated assault with a firearm and possession of a firearm while engaged in a criminal offense, the aggravated assault. The jury was charged on Count I as to the offense alleged, aggravated assault, and simple assault, as a lesser included offense. Concerning Count II, the court instructed the jury, without objection and in accordance...

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