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WEBER v. STATE

No. 82-2566.

438 So.2d 982 (1983)

Charles WEBER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 11, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and William A. Cain, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

This case, before us for a second time, appeals an order denying post-conviction relief.1 We set aside the conviction.

Significant to the decision in this case are the following facts. Appellant was tried by jury on charges of attempt to commit second-degree murder and use of a firearm in the commission of a felony. Prior to trial the court ordered that he be psychiatrically evaluated.2

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