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CARRIN v. STATE

No. SC04-1251.

978 So.2d 115 (2008)

Raymond CARRIN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 6, 2008.

Attorney(s) appearing for the Case

James Cameron Banks of Law Office of Banks and Morris, P.A., Special Assistant Public Defender, Tallahassee, Florida, for Petitioner.

Bill McCollum, Attorney General, and Bryan G. Jordan, Assistant Attorney General, Tallahassee, Florida, for Respondent.

PER CURIAM.

We have for review Carrin v. State, 875 So.2d 719, 721 (Fla. 1st DCA 2004), in which the First District Court of Appeal cited section 924.34, Florida Statutes (2001), as construed by I.T. v. State, 694 So.2d 720 (Fla.1997), in holding that, "[b]ecause the evidence does not prove the offense for which the appellant was found guilty but does establish the lesser offense...

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