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541 So. 2d 797

541 So.2d 797

14 Fla.L.Weekly 1037

Anderson v. State

District Court of Appeal of Florida · decided 1989-04-25

Cited by 2 later decisions — most recently August 1989

2 state decisions

Relies on 515 So. 2d 161 - Carawan v. State · 172 So. 2d 824 - Hedges v. State · 413 So. 2d 1217 - Brewer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-25

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PER CURIAM.

¶1The appellant was convicted of second degree murder and possession of a firearm arising out the same criminal episode. She urges error in the sufficiency of the evidence, in the court’s reinstruction of the jury, and in the conviction for possession of a firearm (which was used in the homicide.) We find no error in the first two grounds. Hedges v. State, 172 So.2d 824 (Fla.1965); Garcia v. State, 535 So.2d 290 (Fla. 3d DCA 1988); Hyer v. State, 462 So.2d 488 (Fla. 2d DCA 1984); Brewer v. State, 413 So.2d 1217 (Fla. 5th DCA 1982).

¶2As to the third, we agree that this conviction and sentence was inappropriate, Carawan v. State, 515 So.2d 161 (Fla.1987); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988), and by this opinion hereby vacate same, and strike the conviction and sentence for possession of a firearm.

¶3Affirmed as modified.

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