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CURTIS v. STATE

No. 65891.

480 So.2d 1277 (1985)

Hugh Miller CURTIS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied January 30, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., and Mark C. Menser and Ellen D. Phillips, Asst. Attys. Gen., Daytona Beach, for respondent.

EHRLICH, Justice.

This case is before us because it is in direct conflict with Ivory v. State, 351 So.2d 26 (Fla. 1977).1

Curtis was charged and convicted for aggravated assault with a deadly weapon. He was accused of threatening the manager of a motel with a knife. The sole issue before us is based on the following facts stated by the district court:

During its deliberations...

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