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SMITH v. STATE

No. 81-478.

414 So.2d 274 (1982)

Peter Daniel SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James Dickson Crock, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Appellant has been granted a belated appeal from his conviction for aggravated assault.1 We affirm. We previously affirmed the sentence in Smith v. State, 395 So.2d 575 (Fla. 5th DCA 1981); however, our decision predated the Florida Supreme Court's clarification of its opinion in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107

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