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ALFONSO v. STATE

No. 94-1732.

661 So.2d 308 (1995)

Gilberto ALFONSO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Order Denying Rehearing October 11, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before HUBBART, JORGENSON and COPE, JJ.

ON REHEARING

PER CURIAM.

The defendant's motion for rehearing is granted, this court's opinion filed April 12, 1995, is vacated; the judgment of conviction and sentence entered below after a jury trial for attempted first-degree felony murder, as charged in count two of the information, is hereby reversed; and the cause is remanded to the trial court with directions to discharge the defendant from the cause as to this conviction and sentence only...

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