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PADGETT v. STATE

No. 88-1650.

554 So.2d 623 (1989)

James Louis PADGETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

The appellant was convicted of second degree murder with a firearm, two counts of attempted second degree murder with a firearm and one count of unlawful possession of a firearm while engaged in a criminal offense. We affirm all but the latter conviction, and find it to be error under Carawan v. State, 515 So.2d 161 (Fla. 1987) and Smith v. State, 539 So.2d 601 (Fla....

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