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MAYS v. STATE

No. 83-831.

450 So.2d 299 (1984)

Jimmy MAYS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Ken Lange, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and William P. Thomas, Asst. Atty. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

OPINION ON REHEARING

PER CURIAM.

We affirm Mays' conviction for the crime of third degree murder. We reverse, however, Mays' conviction for the crime of grand theft because that crime was a predicate supporting the murder conviction. See Bell v. State, 437 So.2d 1057 (Fla. 1983); Boivin v. State, 436 So.2d 1074 (Fla. 3d DCA 1983), review granted, No. 64,368 (Fla...

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