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BROWN v. STATE

No. 5D05-2275.

965 So.2d 1234 (2007)

Henry BROWN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 28, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Appellant, Henry Brown, Jr. ("Brown"), appeals his sentence for aggravated assault and aggravated battery. We reverse.

Brown was charged by information with one count of attempted second-degree murder (Count I) and one count of aggravated battery with a deadly weapon causing great bodily harm (Count II). Brown was convicted by a jury of the lesser included offense of aggravated assault in Count I and aggravated battery as charged in Count II.

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