Florida District Courts of Appeal, 2006

Fain v. State

Fain v. State
Florida District Courts of Appeal · Decided September 6, 2006 · Gross, Klein, Warner
936 So. 2d 785; 2006 Fla. App. LEXIS 14884; 2006 WL 2547390 (Southern Reporter, Second Series)

Fain v. State

Opinion of the Court

PER CURIAM.

As the state concedes, appellant was improperly adjudicated guilty of both attempted first degree murder and attempted felony murder. See Jackson v. State, 868 So.2d 1290 (Fla. 4th DCA 2004). We reverse the judgment and remand to the circuit court to vacate one of the convictions. See Deangelo v. State, 863 So.2d 374 (Fla. 1st DCA 2003).

WARNER, KLEIN and GROSS, JJ., concur.

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