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GAITHER v. STATE

No. 82-2229.

436 So.2d 289 (1983)

Gary GAITHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 29, 1983.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

OTT, Chief Judge.

Count 3 of a five-count information alleged that appellant carried a concealed .25 caliber automatic pistol. Count 5 alleged that while committing a felony appellant carried a concealed firearm, and the information described the same firearm as that described in count 3. Appellant was convicted and sentenced for both crimes.

Because the charging language requires proof of each and every element...

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