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CLAY v. STATE

No. 80-353.

424 So.2d 139 (1982)

Rosa CLAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 20, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kendall B. Coffey, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before NESBITT and JORGENSON, JJ., and J. TILLMAN PEARSON (Ret.), Associate Judge.

JORGENSON, Judge.

Rosa Clay appeals from a judgment and sentence imposed following a jury verdict finding her guilty of murder in the first degree. We find merit to her contention that the state failed to prove beyond a reasonable doubt the issue of premeditation and consequently we reverse the conviction and sentence for first degree murder and remand to the trial court for entry of a judgment and sentence for the crime of second degree murder.

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