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HANCOCK v. STATE

No. 89-616.

559 So.2d 1307 (1990)

William Howard HANCOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 3, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

A violation of constitutional double jeopardy rights being fundamental error, State v. Johnson, 483 So.2d 420 (Fla. 1986), we reverse and vacate the defendant's conviction, under Count VII of case number G88-1597-CFA in the criminal division of the Circuit Court for Seminole County, Florida, of the offense of use of a firearm in the commission of a felony, section 790.07(2), Florida Statutes. See Hall v...

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