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600 So. 2d 53

Ferguson v. State

District Court of Appeal of Florida · decided 1992-07-01

Relies on Cooper v. State

Decided 1992-07-01

E. RANDOLPH BENTLEY, Associate Judge.

¶1Appellant, convicted of first degree murder, second degree murder, armed robbery with a firearm and conspiracy, raises five points on appeal, only one of which has merit.

¶2Under Muszynski v. State, 392 So.2d 63 (Fla. 5th DCA 1981), the court should have adjudicated appellant guilty of only one homicide. We, accordingly, vacate appellant’s second degree murder conviction.

DANAHY, A.C.J., and ALTENBERND, J., concur.
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