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CLEVENGER v. STATE

No. 5D08-1314.

7 So.3d 599 (2009)

Robert Lee CLEVENGER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 22, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Robert Lee Clevenger, Jr., appeals his conviction for third-degree murder. Clevenger was also convicted and sentenced on a charge of aggravated battery on a pregnant person, arising from the same incident, which he does not challenge on appeal. We find that the issue before us is controlled by Tipton v. State, 97 So.2d 277, 280 (Fla.1957), which reversed a murder conviction where the record contained no evidence...

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