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LANE v. STATE

No. 4D02-250.

861 So.2d 451 (2003)

John LANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 17, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Along with two co-defendants, the state charged appellant, John Lane, with attempted murder in the second degree. We reverse appellant's conviction for aggravated battery, which, in this case, should not have been given to the jury as a lesser included offense of attempted second degree murder.

The information read:

[The State Attorney] charges that [the defendants] on the 9th day of November, A.D.2000, in the County and State aforesaid...

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