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FARLEY v. STATE

No. 98-1964.

740 So.2d 5 (1999)

Thomas FARLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 19, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; and Edward C. Hill, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Thomas Farley (Farley) appeals his conviction and sentence for improper exhibition of a deadly weapon, a lesser included offense of aggravated battery for which he was charged and tried. Farley contends that his jury should never have been instructed on improper exhibition of a weapon as a lesser included offense to aggravated battery; and that the trial judge erred by revoking his probation based solely upon the jury's verdict. We agree as to both contentions...

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