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WITHERSPOON v. STATE

No. 91-0067.

597 So.2d 986 (1992)

Richard WITHERSPOON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 16, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

As the state concedes, the sole point meriting discussion concerns the trial court's incorrect designation of the crimes the defendant committed. The trial court classified the crime of shooting into an occupied vehicle as a first degree felony, when in fact it is a second degree felony. Section 790.19, Fla. Stat. (1991). It also misclassified the crime of aggravated assault as a second degree felony instead of a third degree felony. Section 784.021(2...

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