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MOORE v. STATE

No. 92-1566.

616 So.2d 168 (1993)

Eddie MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Ellen Morris, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.

DELL, Judge.

We affirm appellant's convictions for second degree murder with a firearm and aggravated battery with a firearm. We reverse appellant's sentence for second degree murder with a firearm. Second degree murder with a firearm constitutes a life felony. The trial court, therefore, erred when it sentenced him as a habitual offender on this conviction. See Lamont v. State, 610 So.2d 435 (Fla. 1992).

We find...

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