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MARTINEZ v. STATE

No. 89-3009.

564 So.2d 270 (1990)

Joseph MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 25, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Donna Levine, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and vacate that part of the trial court's sentence which imposed a three-year mandatory minimum sentence for the defendant's conviction of third-degree murder. The use of a firearm is not an essential element of third-degree murder and the jury did not, by interrogatory verdict, make a specific finding that appellant used a firearm in the commission of the murder. The state agrees that this part of...

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