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Florida District Courts of Appeal, 1992

Ferguson v. State

Ferguson v. State
Florida District Courts of Appeal · Decided July 1, 1992 · Altenbernd, Bentley, Danahy
600 So. 2d 53; 1992 Fla. App. LEXIS 7314; 1992 WL 148216 (Southern Reporter, Second Series)

Ferguson v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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