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VENUTO v. STATE

No. 92-761.

615 So.2d 255 (1993)

Jimmy VENUTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 9, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GODERICH, JJ.

PER CURIAM.

The defendant, Jimmy Venuto, appeals his conviction and sentence for aggravated battery and burglary of a structure. We reverse and remand with instructions and modify the order.

The victim was struck on the head with a board and fell to the ground. Then, a masked man attempted to strangle him. Based on his previous contact with the defendant, the victim was certain that the defendant was the assailant...

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