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SIMMONS v. STATE

No. 88-115.

541 So.2d 1212 (1989)

Willie SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 14, 1989.

Attorney(s) appearing for the Case

J. Craig Williams, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Defendant was charged by indictment with first degree murder of Willie Grimes (Count I), and attempted first degree murder (Count II), attempted armed robbery (Count III) and attempted kidnapping (Count IV) of Willie Powell. The jury found defendant guilty of first degree murder as charged in Count I, guilty of the lesser included offense of aggravated assault with a firearm as to Count II, guilty of the lesser included offense of assault as to Count...

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