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PERRY v. STATE

No. 83-1276.

451 So.2d 554 (1984)

Tony Lorenzo PERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 21, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellant Div., Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH, and COBB, JJ., concur.

COWART, J., concurs specially with opinion.

COWART, Judge, concurring specially:

We are affirming Perry's conviction of attempted first degree murder which was obtained under jury instructions authorizing a conviction if the jury found an attempt to commit a premeditated first degree murder or if a death had resulted from the commission of the armed robbery or the armed burglary...

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