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HARPER v. STATE

No. MM-87.

386 So.2d 808 (1980)

Robert M. HARPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearings Denied August 19, 1980.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Louis G. Carres and Margaret Good, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., Miguel A. Olivella, Jr., Asst. Atty. Gen., for appellee.

SHAW, Judge.

Harper, charged with robbery and first-degree murder of Earl Phillip Guy,1 was convicted of aggravated assault and third-degree murder2 during the commission of which he carried, displayed and used a firearm. He was adjudicated guilty and sentenced to thirty years imprisonment for the murder and given a five-year concurrent sentence for the aggravated assault.

On its face, third-degree...

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