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738 So. 2d 487

Acosta v. State

District Court of Appeal of Florida · decided 1999-08-04

Relies on 605 So. 2d 579 - Galban v. State · Sales v. State

Decided 1999-08-04

PER CURIAM.

¶1There is no merit in the defendant’s claim of error in his conviction for second *488degree murder with a firearm, which is affirmed. The separate conviction for possession of a firearm in the commission of the second degree murder, however, is impermissibly duplicitous and is therefore vacated. See Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992).

¶2Affirmed in part, vacated in part.

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