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STATE v. FRANKLIN

No. SC04-1523.

955 So.2d 564 (2007)

STATE of Florida, Petitioner, v. Kelvin FRANKLIN, Respondent.

Supreme Court of Florida.

April 19, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, Celia A. Terenzio, Bureau Chief and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

Evelyn A. Ziegler, West Palm Beach, FL, for Respondent.

PER CURIAM.

We have for review Franklin v. State, 877 So.2d 19, 20 (Fla. 4th DCA 2004), in which the Fourth District Court of Appeal cited this Court's decision in Ray v. State, 403 So.2d 956 (Fla.1981), for the proposition that "a lesser included offense, by definition, is an offense which carries a lesser penalty." The Fourth District agreed with the appellant's argument below...

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