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MONTEQUIN v. STATE

No. 91-1740.

605 So.2d 944 (1992)

Justo MONTEQUIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 29, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and J. Rafael Rodriguez, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GERSTEN, JJ.

ON PETITION FOR REHEARING

After considering the appellant's petition for rehearing filed herein, we hereby substitute the following opinion in lieu of our original opinion. In all other respects the petition for rehearing is hereby denied.

PER CURIAM.

The defendant was charged with murder in the second degree and unlawful possession of a firearm while engaged in a criminal offense. He was convicted of murder in the second degree with a firearm, and...

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