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Florida District Courts of Appeal, 1976

Phillips v. State

Phillips v. State
Florida District Courts of Appeal · Decided December 14, 1976 · Arvel, Drury, McCord, Mills
340 So. 2d 124; 1976 Fla. App. LEXIS 16038 (Southern Reporter, Second Series)

Phillips v. State

Opinion of the Court

BY

THE COURT.

Upon considering the briefs, the record and oral argument, that part of the judgment adjudging the defendant guilty of *125Count 2, use of a firearm while committing a felony, is reversed because it is not supported by and is inconsistent with the verdict of the jury which found the defendant guilty of use of firearm by a convicted felon.

In all other respects, the judgment and sentence are affirmed.

MILLS, Acting C. J., McCORD, J., and DRURY, ARVEL, Associate Judge, concur.

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