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Clark v. State
337 So. 2d 798
Fla.
1976
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BY THE COURT.

The decision of the Fourth District Court of Appeal reported at 318 So.2d 487, affirming petitioner’s conviction of aggravated assault, is reversed. State v. White, 324 So.2d 630 (Fla.1975). On the authority of Section 924.34, Fla.Stat. (1973), this cause is remanded with instructions to direct the trial court to enter conviction and sentence for the lesser included offense of attempt to commit aggravated assault,1 which the evidence establishes.

It is so ordered.

ROBERTS, Acting C. J., and ADKINS, ENGLAND, SUNDBERG and HATCH-ETT, JJ., concur.

. Sections 776.04(3) and 784.04, Fla.Stat. (1973).

Case Details

Case Name: Clark v. State
Court Name: Supreme Court of Florida
Date Published: Sep 16, 1976
Citation: 337 So. 2d 798
Docket Number: No. 48088
Court Abbreviation: Fla.
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