Opinion

Ferguson v. State

600 So. 2d 53
1992 Fla. App. LEXIS 7314
1992 WL 148216

Court: District Court of Appeal of Florida
Filed: Jul 1, 1992
Status: Published
Author: Bentley
On the bench: Altenbernd, Bentley, Danahy
Cited by: 0 cases
Authority: More cited than 0.0%

The opinion

E. RANDOLPH BENTLEY, Associate Judge.

Appellant, convicted of first degree murder, second degree murder, armed robbery with a firearm and conspiracy, raises five points on appeal, only one of which has merit.

Under Muszynski v. State, 392 So.2d 63 (Fla. 5th DCA 1981), the court should have adjudicated appellant guilty of only one homicide. We, accordingly, vacate appellant’s second degree murder conviction.

DANAHY, A.C.J., and ALTENBERND, J., concur.

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