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IRVING v. STATE

No. 92-1659.

627 So.2d 92 (1993)

Charles IRVING, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Kevin M. Emas, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.

PER CURIAM.

Appellant, Charles Irving (Irving), appeals his convictions for attempted second degree murder with a firearm and unlawful possession of a firearm, and his sentence as a habitual violent felony offender. For the following reasons, we affirm on the three points presented as alleged error, but remand Irving's conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense.

I.

Irving's first appellate...

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