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WIMBERLY v. STATE

No. 94-1477.

649 So.2d 338 (1995)

Rodrick WIMBERLY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 1, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GODERICH, JJ.

PER CURIAM.

The defendant, Rodrick Wimberly, appeals from his convictions and sentences for second degree murder with a firearm and for unlawful possession of a firearm while engaged in a criminal offense.

We affirm the conviction and sentence for second degree murder; however, upon the State's proper confession of error, we reverse the conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense. Where the use of a weapon...

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