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CUTHBERT v. STATE

No. AW-272.

459 So.2d 1098 (1984)

James CUTHBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 11, 1984.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Cuthbert appeals his convictions and sentences for attempting to cause a riot (Count 1), aggravated assault (Count 2) and aggravated battery (Count 3). These offenses arose out of a major disturbance which occurred at the Cross City Correctional Institution where Cuthbert was an inmate. Cuthbert was tried by jury and convicted on each of the above counts. We affirm the convictions. However, sentencing errors occurred which require resentencing.

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