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GOMEZ v. STATE

No. 85-2119.

496 So.2d 982 (1986)

Oscar GOMEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 4, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Kalter, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

This is an appeal from a judgment of conviction and sentence for second-degree murder, and a judgment of conviction and a withheld sentence for armed robbery. Based on the following briefly stated legal analysis, (1) we reverse the second-degree murder conviction and sentence and remand with directions to discharge the defendant as to this count in the information, and (2) we affirm the armed robbery conviction as a conviction for armed robbery with a...

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