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PHILLIPS v. STATE

No. BB-99.

340 So.2d 124 (1976)

Willie Cleveland PHILLIPS, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

December 14, 1976.

Attorney(s) appearing for the Case

Richard M. Smith, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., Jeanne Dawes Schwartz, Asst. Atty. Gen., for appellee.

BY THE COURT.

Upon considering the briefs, the record and oral argument, that part of the judgment adjudging the defendant guilty of Count 2, use of a firearm while committing a felony, is reversed because it is not supported by and is inconsistent with the verdict of the jury which found the defendant guilty of use of firearm by a convicted felon.

In all other respects, the judgment and sentence are affirmed.

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