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BATTLE v. STATE

No. 2D01-1839.

837 So.2d 1063 (2003)

Robert L. BATTLE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 26, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Robert Battle, Jr., appeals his judgment and sentence for attempted felony murder with a firearm. He does not contest his judgment and sentence for attempted second-degree murder and attempted robbery.1 We affirm the attempted felony murder charge but write to address an error in the jury instruction on that charge.

The State alleges that Battle shot David Golly in the head during an attempted robbery on January 24...

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