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DAVIDSON v. STATE

No. 83-815.

458 So.2d 880 (1984)

Robert E. DAVIDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 15, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin and Belle B. Turner, Asst. Attys. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

The defendant below, Robert Eugene Davidson, was charged in two counts of an information with (I) shooting into a building and (II) use of a firearm while committing or attempting to commit a felony. He was found not guilty under Count I and guilty as charged under Count II. He appeals his conviction on the basis that the verdicts below were inconsistent.

The state relies on Pitts v. State, 425 So.2d 542

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