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COOPER v. STATE

No. 94-00710.

659 So.2d 442 (1995)

Johnnie COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 16, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne E. Sheer, Asst. Atty. Gen., Tampa, for appellee.

QUINCE, Judge.

Appellant was charged with attempted first-degree murder, in violation of sections 782.04(1) and 777.04, Florida Statutes (1991). He was found guilty of the lesser included offense of attempted second-degree murder with a firearm, and was sentenced to seventeen years' imprisonment, with a three-year minimum mandatory. He challenges the trial court's denial of a motion for mistrial. We reverse the conviction and remand for a new trial because highly...

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