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THOMAS v. STATE

No. 80-1481.

430 So.2d 616 (1983)

Michael THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 4, 1983.

Attorney(s) appearing for the Case

Leonard Robbins, North Miami Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellee.

ON REHEARING

PER CURIAM.

Appellant, Thomas, was charged with and tried for, in Count I, possession of a firearm while committing a felony (aggravated assault) and, in Count II, aggravated assault.

He was found guilty by jury verdict of the offense charged in Count I but as to Count II he was convicted of the lesser included offense of simple assault.

On appeal, Thomas presents the rather logical argument that since he was convicted of simple...

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