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641 So. 2d 963

Daley v. State

District Court of Appeal of Florida

Decided September 7, 1994

District Court of Appeal of Florida · decided 1994-09-07

Relies on 446 So. 2d 1167 - Duba v. State

Decided 1994-09-07

PER CURIAM.

¶1Michael Wayne Daley appeals his convictions for conspiracy to traffic in cocaine while using a firearm and kidnapping while using a firearm.

¶2We find no error in Daley’s conviction for conspiracy to traffic in cocaine and accordingly affirm the same.

¶3As to Daley’s conviction for kidnapping, we find, as the State of Florida properly concedes, that the evidence abduced at trial supports only a conviction for attempted kidnapping while using a firearm. Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984). We therefore reduce Daley’s conviction on this count and remand to the trial court for resentencing.

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