WAGNER v. STATE

No. 4D03-1564.

921 So.2d 38 (2006)

Miguel WAGNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 17, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

A jury found Miguel Wagner guilty of second degree murder, robbery with a firearm, and five counts of aggravated assault with a firearm while wearing a mask. We reverse the second degree murder conviction and affirm the others.

The second degree murder charge in this case arose out of an armed robbery gone bad. Appellant and his partner, Chris Pucci (Pucci), donned masks and, armed with a machine gun and a revolver, robbed a consignment store....

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