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DE LA CRUZ v. STATE

No. 86-972.

560 So.2d 328 (1990)

Juan DE LA CRUZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 24, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Maria Brea Lipinski, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, NESBITT and BASKIN, JJ.

PER CURIAM.

We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So.2d 678 (Fla. 1988); Carawan v. State,

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