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MACKEY v. STATE

No. 96-1421.

703 So.2d 1183 (1997)

Joseph MACKEY a/k/a Ronnie Caloway a/k/a Virgil Caloway a/k/a Ronald Nelson Threadgil, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1997.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

SHEVIN, Judge.

Joseph Mackey appeals a judgment of convictions for first-degree murder and aggravated child abuse and the sentence imposed on the child abuse conviction. We affirm the convictions and vacate the sentence.

Mackey was charged with the murder and child abuse of his girlfriend's two-year old daughter whom he was taking care of while the mother was at work. In the early part of the evening, Mackey had taken the child to a condominium that he was...

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