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PINDER v. STATE

No. 79-1888.

396 So.2d 272 (1981)

Harrison PINDER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 7, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Mark King Leban, Sp. Asst. Public Defender, for appellant.

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

Before HENDRY, SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

The only point presented on this appeal from an aggravated assault conviction is the alleged insufficiency of the evidence to support the three-year minimum mandatory sentence required by Section 775.087(2) Fla. Stat. (1979) because the crime was committed with a "firearm." The defendant contends that the only evidence on the issue1 — the victim's testimony that the defendant was carrying what she described as a...

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