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BLUE v. STATE

No. 2D03-3482.

876 So.2d 1273 (2004)

Carl BLUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 2004.

Attorney(s) appearing for the Case

Brett McIntosh, Sarasota, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Carl Blue was convicted after a jury trial of throwing a deadly missile and aggravated assault. We reverse the conviction for throwing a deadly missile because the trial court erred in allowing the State to amend the Information to change an element of the offense after the State had rested its case.

Count one of the Information charged that, on July 18, 2002, Blue did "throw a certain missile, or hurled or projected a stone or other hard substance...

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