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SMITH v. STATE

No. 95-4380.

687 So.2d 308 (1997)

Johnny Clarence SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 27, 1997.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Fred Parker Bingham II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Jean-Jacques A. Darius and Trina Kramer, Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges his convictions and sentences for aggravated stalking, attempted kidnapping with a firearm, attempted first degree murder with a firearm, and burglary of a dwelling with an assault or battery while armed with a firearm. We conclude that the conviction and sentence for attempted kidnapping with a firearm must be reversed because of an incorrect jury instruction. We affirm the other convictions but vacate the sentences so that new...

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