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DOMINGUEZ v. STATE

No. 3D02-3083.

863 So.2d 407 (2003)

Ricardo DOMINGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for Appellant.

Charles J. Crist, Jr., Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for Appellee.

Before SCHWARTZ, C.J., and GERSTEN, and WELLS, JJ.

PER CURIAM.

The defendant appeals his conviction and sentence for aggravated assault. We affirm the conviction but reverse the sentence.

The defendant was charged with two counts of aggravated assault and one count of resisting arrest. At the time of his arrest, he was on probation and was subsequently charged with violating it. At the start of his probation violation hearing, the trial court inquired if there was...

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