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RIVERA v. STATE

No. 97-1548.

718 So.2d 285 (1998)

Noel RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 9, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

Defendant appeals convictions for attempted second degree murder and aggravated battery. The trial court enhanced the conviction of attempted second degree murder from a second degree felony to a first degree felony because of the use of a deadly weapon. The state concedes error because there was no express finding by the jury that the defendant had used a deadly weapon. Therefore, we must, as we did in King v. State, 705 So.2d...

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