COICOU v. STATE

No. 3D03-271.

867 So.2d 409 (2003)

Blekley COICOU, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Certification Denied March 10, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Charles J. Crist, Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and RAMIREZ, JJ.


RAMIREZ, J.

Blekley Coicou appeals the lower court's Final Judgment Adjudicating Guilt and Order Imposing Sentence. We reverse the conviction and sentence because the prosecution used the same act, the shooting of the victim, to prove both the attempted felony murder and the underlying robbery offense, but we remand with instructions to enter a judgment of conviction for attempted second-degree murder.

The State charged Coicou with a violation of section 782...

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