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BRYANT v. STATE

No. 88-1300.

546 So.2d 762 (1989)

Daniel Josiah BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 13, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Daniel J. Bryant urges that the trial court erred in enhancing his convictions for aggravated assault with a deadly weapon (a firearm) from third degree to second degree felonies pursuant to section 775.087(1), Florida Statutes (1987). The state concedes error based upon Perez v. State, 431 So.2d 274 (Fla. 5th DCA 1983), approved, 449 So.2d 818 (Fla. 1984) and other...

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