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LEWIS v. STATE

No. 79-2460.

399 So.2d 473 (1981)

Richard John LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 3, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING AND/OR CERTIFICATION OF QUESTION

ANSTEAD, Judge.

Upon reconsideration, we are convinced that our initial decision to remand this case for a new trial in light of Tascano v. State, 393 So.2d 540 (Fla. 1980) was in error.

Appellant Lewis was charged with aggravated assault, a third degree felony. After the close of the evidence, defense counsel requested that the trial court instruct...

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