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STATE v. SMITH

No. 94-2410.

659 So.2d 1388 (1995)

The STATE of Florida, Appellant, v. Anthony Jerome SMITH, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Donald Tunnage, Special Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.

PER CURIAM.

The State appeals an order dismissing a severed count of possession of a firearm by a convicted felon on the ground that the defendant's acquittal of the earlier-tried charge of murder in the second degree, under the circumstances there presented, was collateral estoppel as to the firearm possession charge. See Gragg v. State, 429 So.2d 1204 (Fla.), cert. denied, 464 U.S. 820, 104 S.Ct. 83, 78 L.Ed.2d 93...

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