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ACENSIO v. STATE

No. 67888.

497 So.2d 640 (1986)

Erineo ACENSIO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 12, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Tenth Judicial Circuit, and Paul C. Helm, Asst. Public Defender, Chief, Appellate Division, Bartow, for petitioner.

Jim Smith, Atty. Gen., and Frank Migliore, Jr. and Kim W. Munch, Asst. Attys. Gen., Tampa, for respondent.

PER CURIAM.

This cause is before us to review a decision of the district court affirming petitioner's conviction for aggravated battery. Acensio v. State, 477 So.2d 38 (Fla. 2d DCA 1985). The court expressly relied on State v. Abreau, 363 So.2d 1063 (Fla. 1978), a decision involving a factual situation materially at variance with the facts of the instant case. Based on the conflict...

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