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FERGUSON v. STATE

No. 90-03414.

600 So.2d 53 (1992)

Eddie Joe FERGUSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 1, 1992.

Attorney(s) appearing for the Case

Daren L. Shippy of Batchelor, Shippy & Vojak, P.A., Bonita Springs, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

E. RANDOLPH BENTLEY, Associate Judge.

Appellant, convicted of first degree murder, second degree murder, armed robbery with a firearm and conspiracy, raises five points on appeal, only one of which has merit.

Under Muszynski v. State, 392 So.2d 63 (Fla. 5th DCA 1981), the court should have adjudicated appellant guilty of only one homicide. We, accordingly, vacate appellant's second degree murder conviction.

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