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MONINGER v. STATE

No. 4D08-1429.

137 So.3d 1129 (2014)

Charles MONINGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 2014.

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 Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

The defendant appealed from a conviction and sentence for second degree murder with a deadly weapon as a lesser included offense of first degree murder. This court affirmed. Moninger v. State, 52 So.3d 696 (Fla. 4th DCA 2010). Our affirmance was based on State v. Montgomery, 39 So.3d 252 (Fla.2010), and this court...

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