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ORTIZ v. STATE

No. 96-162.

682 So.2d 217 (1996)

Oscar ORTIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 1, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin Compton Jones, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, Judge.

The defendant was charged with attempted robbery with a firearm and attempted first degree murder with a firearm. He was convicted as charged on the attempted robbery count and was convicted on the attempted murder charge of the lesser offense of attempted second degree murder with a firearm. We affirm the attempted robbery conviction, but reverse the attempted second degree murder conviction.

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