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SMITH v. WAINWRIGHT

No. 85-2893.

508 So.2d 768 (1987)

Morris Lee SMITH, Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Appellee.

District Court of Appeal of Florida, Second District.

June 17, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

The appellant, Morris Lee Smith, permitted a delayed appeal in accordance with State v. Meyer, 430 So.2d 440 (Fla. 1983), challenges the trial court's judgment and sentence entered upon his conviction for escape, battery on a law enforcement officer and two counts of simple assault. We have considered each of Smith's points on appeal and find merit in one.

The error Smith asserts, with which we agree...

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