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ABBOTT v. STATE

No. 96-3103.

705 So.2d 923 (1997)

Joseph ABBOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 24, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

This appeal arises from the trial court's jury instructions during appellant's trial for aggravated assault with a deadly weapon, and appellant's penalty enhancement under section 775.085, Florida Statutes (1995), based on appellant's use of derogatory racial slurs during the commission of the crime. The trial court instructed the jury that it could convict if it determined that "in committing an aggravated assault, [the defendant] evidenced prejudice...

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