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WARD v. STATE

No. 94-1614.

655 So.2d 1290 (1995)

Tommie R. WARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 9, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

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

GRIFFIN, Judge.

Tommie R. Ward ["Ward"] appeals his convictions for attempted second-degree murder and armed robbery with a firearm. The only issue raised on appeal having merit is the contention that the jury instruction given on attempted second-degree murder was defective. We agree that it was defective and reverse his conviction.

This case arises out of an armed robbery allegedly perpetrated by Ward and a cofelon, one of whom acted as a gunman and one...

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