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STONE v. STATE

No. 89-0037.

564 So.2d 225 (1990)

Mary STONE, Appellant/Cross Appellee, v. STATE of Florida, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

July 11, 1990.

Attorney(s) appearing for the Case

Michael D. Gelety, Fort Lauderdale, for appellant/cross appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee/cross appellant.

ON REHEARING

PER CURIAM.

The motion for rehearing is granted. The opinion of April 18, 1990 is withdrawn and the following opinion is substituted.

By way of cross appeal, the state argues that the trial court erred in reducing the conviction from attempted first degree murder to attempted second degree murder. We reverse.

The jury was instructed that in order to find the defendant guilty as charged it must find premeditation was proved beyond...

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