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LAVALLEY v. STATE

No. 93-327.

633 So.2d 1126 (1994)

Khanh D. LAVALLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 11, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Chief Judge.

Khanh D. LaValley was charged with aggravated assault in the following language:

In that Khanh D. LaValley ... did commit a Aggravated Assault by an intentional, unlawful threat, by word or act, to do violence to [the victim] coupled with an apparent ability to do so, doing some act which created a well-founded fear . .. that such violence was imminent and did commit said assault with a deadly weapon, towit: a Suzuki Samurai motor vehicle...

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