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BENEBY v. STATE

No. 4D99-3620.

801 So.2d 273 (2001)

Feliciano BENEBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Feliciano Beneby appeals his conviction and sentence for second degree murder with a firearm. We affirm the conviction, and reverse the sentence.

Appellant killed his friend, Walter James, by shooting him in the back of the head. He was charged with first degree murder. Appellant relied upon the insanity defense at trial. On his counsel's motion, he was evaluated for competency immediately before trial...

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