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STATE v. WHITFIELD

No. 67320.

487 So.2d 1045 (1986)

STATE of Florida, Petitioner, v. Willie Pearl WHITFIELD, Respondent.

Supreme Court of Florida.

April 24, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender, Paula S. Saunders, and Kathleen Stover, Asst. Public Defenders, Second Judicial Circuit, Tallahassee, for respondent.

SHAW, Justice.

This case is before us based on a certified question of great public importance. Whitfield v. State, 471 So.2d 633 (Fla. 1st DCA 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Respondent was charged with aggravated battery in which the victim suffered serious bodily injury. The jury was instructed that it could return a verdict on aggravated assault as a lesser included offense, which...

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