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CALDWELL v. STATE

No. 5D04-3509.

920 So.2d 727 (2006)

Larry J. CALDWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 10, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin Compton, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, J.

We are once again confronted with mistakes in jury instructions that the aggrieved party claims constitute fundamental error. Having been convicted of carrying a concealed weapon by a convicted felon in violation of section 790.23, Florida Statutes (2002), and carrying a concealed weapon during the commission of a felony in violation of section 790.07, Florida Statutes (2002), Larry Caldwell complains that it...

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