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JOHNSON v. STATE

No. 89-2128.

568 So.2d 519 (1990)

Rufus JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

R. Baker King, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

WOLF, Judge.

Johnson appeals his judgment and sentence for second degree murder and possession of a firearm on several grounds, only one of which we find to have merit.

The defendant was convicted of second degree murder pursuant to section 782.04(2), Florida Statutes (1989), which constitutes a first degree felony. This offense was reclassified to a life felony under section 775.087, Florida Statutes (1989), because the defendant used a firearm during commission...

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