BATES v. STATE

No. 88-03259.

579 So.2d 849 (1991)

Anthony Yale BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 15, 1991.


Attorney(s) appearing for the Case

Marcia Cuesta Locke of Stiles, Allen & Taylor, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant, Anthony Yale Bates, appeals his judgment and sentence for robbery with a firearm and burglary with a firearm. We affirm his convictions and reverse his sentence and remand for imposition of a sentence within the guidelines.

Appellant first argues as error the failure of the trial court to give his requested instruction on aggravated assault as a lesser included offense of the charged offense of robbery with a firearm. Aggravated assault...

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