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FIELDS v. STATE

No. 98-2762.

743 So.2d 92 (1999)

Robert FIELDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 10, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for appellee.

COBB, J.

Fields was charged with first degree murder and burglary with an assault or battery while armed with a firearm. A jury acquitted Fields of the latter count but could not reach a verdict in respect to the murder count.

After the first trial the state filed an information charging Fields with second degree murder and added a second count: carrying a concealed firearm. Fields moved to dismiss the second count...

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