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GUTIERREZ v. STATE

No. 4D00-3254.

798 So.2d 893 (2001)

Javier GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Judy Hyman, Assistant Attorney General, West Palm Beach, for appellee.

DELL, J.

Javier Gutierrez appeals his convictions of aggravated assault with a firearm and carrying a concealed firearm. We reverse.

Appellant and the victim, Delgado, collided in a crowd at the South Florida Fair, after which appellant allegedly threatened Delgado with a gun. Delgado summoned nearby police officers, who pursued and captured appellant. When captured, appellant had a .25 caliber Beretta, fully loaded...

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