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STEWART v. STATE

No. 70015.

549 So.2d 171 (1989)

Kenneth Allen STEWART, Appellant, v. STATE of Florida, Appellant.

Supreme Court of Florida.

Rehearing Denied October 17, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

SHAW, Justice.

This cause is before us on appeal from convictions and sentences of first-degree murder, attempted second-degree murder with a firearm, robbery with a firearm, and arson. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

In April 1985, Michele Acosta and Mark Harris picked up appellant, Kenneth Stewart, while he was hitchhiking. When Acosta stopped to drop Stewart off, he struck her on the head with the butt of a gun and fired three...

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