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WILEY v. STATE

No. 4D09-3272.

60 So.3d 588 (2011)

Eric WILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Anthony Calvello , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Eric Wiley, appeals his judgment, convicting him of second-degree and third-degree murder, and sentencing him to life in prison. We vacate Wiley's conviction for second-degree murder and remand for resentencing on Wiley's conviction for third-degree murder.

Wiley was charged by information with: Count I (second-degree murder of Dwight Starks); Count II (third-degree murder of Dwight Starks); Count III (aggravated battery of Aaron Stoudemire...

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