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WISHOP v. STATE

No. 85-1645.

490 So.2d 1380 (1986)

John Willie WISHOP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 17, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Jim Easley, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Chief Judge.

John Wishop appeals from an order denying a motion for arrest of judgment. Wishop was initially charged with attempted first degree murder and the possession of a firearm in the commission of a felony. He was convicted of attempted second degree murder and possession of a firearm in the commission of a felony. Wishop contends that because the state elected to charge him with possession of a firearm while attempting to commit first degree murder...

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