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TATUM v. STATE

No. 97-0018.

708 So.2d 958 (1998)

Vernest TATUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification and Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.

Rehearing, Clarification and Rehearing En Banc Denied May 20, 1998.

PER CURIAM.

We affirm the conviction and sentence of appellant. Appellee concedes, and we agree that section 893.16(1), Florida Statutes (1995), does not apply to appellant's conviction of second degree murder with a firearm. See Morris v. State, 696 So.2d 956 (Fla. 4th DCA 1997). We accordingly remand to...

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