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GASTON v. STATE

No. 95-03103.

682 So.2d 581 (1996)

Bienvenido G. GASTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 16, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert L. Martin, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

The defendant argues, and the state concedes, that his conviction of the lesser offense of aggravated assault on a law enforcement officer with a firearm should be reversed because the information did not allege a necessary element, i.e., that the victim had a well-founded fear of imminent violence. See Velasquez v. State, 654 So.2d 1227 (Fla. 2d DCA 1995). Therefore, we reverse the conviction on this ground....

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