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JOHNSON v. STATE

No. 3D05-1672.

963 So.2d 730 (2007)

Gregory Joseph JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

As in Grier v. State, 928 So.2d 368 (Fla. 3d DCA 2006), review denied, 952 So.2d 1191 (Fla.2007), which involves an indistinguishable factual situation and the identical question of law, we reverse the defendant's convictions for second degree murder and possession of a firearm by a convicted felon1 for a new trial on the ground that...

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