STONE, J.
We affirm Collazo's conviction of third-degree murder with a firearm, but reverse the thirty year prison sentence imposed and remand for re-sentencing.
Collazo was charged with second-degree murder with a firearm; the information alleged that during the commission of the offense, he possessed a firearm, discharged it, and as a result of the discharge, the victim died. The jury was also instructed on the underlying felony of aggravated assault.
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