STATE v. PITTS

No. 79-2353.

400 So.2d 549 (1981)

The STATE of Florida, Appellant, v. Eugene PITTS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 23, 1981.


Attorney(s) appearing for the Case

Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty. for appellant.

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellee.

Before HENDRY, NESBITT and SCHWARTZ, JJ.


NESBITT, Judge.

The state appeals an order arresting defendant's judgment of conviction as authorized by Florida Rule of Appellate Procedure 9.140(c)(1)(D). We reverse.

The defendant was charged in a two-count information with aggravated battery with a firearm and possession of a firearm while engaged in a criminal offense, the aggravated battery. The jury was charged as to Count I on the offense as alleged. No lesser included offenses were requested or charged...

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