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PENTZ v. STATE

No. 93-1874.

642 So.2d 836 (1994)

Daniel PENTZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 23, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.

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

HARRIS, Chief Judge.

Daniel Pentz was charged with the offenses of attempted robbery with a firearm and attempted first degree (felony) murder. The felony murder charge was based on the allegation that during the attempted robbery, Pentz "did shoot Otis Odum with a sawed-off shotgun." The attempted murder charge was reflected as a life felony in the information and in a subsequent negotiated plea.

Pentz, in the negotiated plea in which the State dropped the...

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