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SMITH v. STATE

No. 88-1220.

548 So.2d 755 (1989)

Alan Ancrum SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 31, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Smith appeals his convictions and sentences for aggravated assault with a deadly weapon without intent to kill1 and possession of a firearm in the commission of a felony (specifically, the aggravated assault charge).2 He was sentenced to two concurrent three-year terms of imprisonment. We affirm the firearm conviction, reverse the aggravated assault conviction and sentence, and remand for resentencing...

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