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SMITH v. STATE

No. 93-2902.

639 So.2d 207 (1994)

Sidney Charles SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 22, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Smith appeals from his conviction and sentence for aggravated assault with a firearm1 (a third degree felony). He entered a nolo contendere plea pursuant to a written plea bargain agreement, and was sentenced within the limits of the agreement and the requirements of law. However, at the plea hearing, Smith changed his plea to aggravated assault with a deadly weapon (not a firearm) so as to avoid a three-year minimum...

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