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CLARKE v. STATE

No. 91-711.

600 So.2d 510 (1992)

James CLARKE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 9, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard S. Fechter and Avi J. Litwin, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

PER CURIAM.

Defendant, James Clinton Clarke, appeals his conviction and sentence for aggravated assault on a law enforcement officer, as well as the trial court's order requiring Clarke to make restitution. For the following reasons, we reverse that conviction and vacate the restitution order.

Rule of Criminal Procedure 3.510(b) allows a jury to find a defendant guilty of the offense charged or any offense which, as a matter of law, is a necessarily included...

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