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STATE v. BROWN

No. 3D04-941.

924 So.2d 86 (2006)

The STATE of Florida, Appellant, v. Dewarn Antonio BROWN, Appellee.

District Court of Appeal of Florida, Third District.

March 8, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Brown was charged with armed robbery and first degree felony (robbery) murder in the shooting death of a participant in a drug deal whose wallet the defendant and two co-perpetrators were attempting to steal. The jury found the defendant guilty of petit theft as a lesser included offense of the armed robbery charge and guilty of first degree felony murder. This is an appeal by the state from a post-trial order vacating the felony murder conviction...

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