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BOOTH v. STATE

No. 5D08-2132.

18 So.3d 1142 (2009)

James Ray BOOTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 18, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

James Ray Booth appeals his sentences on charges of third degree felony murder and aggravated assault with a firearm, alleging three errors. The State concedes error with respect to two of the issues raised. We reverse in part and affirm in part, and will address each issue in order, after explaining the two convictions and sentences.

Convictions and Sentences Imposed

Booth was convicted following a jury trial of third degree felony...

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