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HAYDEN v. STATE

No. 83-2828.

450 So.2d 1242 (1984)

Paul Randolph HAYDEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 5, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Karen M. Gottlieb, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before HUBBART and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

We adopt the rationale of Miller v. State, 438 So.2d 83 (Fla. 4th DCA 1983) and hold that for the purpose of the reclassification statute,1 which enhances a felony by one degree where a firearm is used, a defendant charged with murder by use of a firearm is also charged with lesser included felonies of the murder charge. We accordingly reject both Smith v. State,<...

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