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ACOSTA v. STATE
District Court of Appeal of Florida, Third District.
Aug 4, 1999
PER CURIAM.
There is no merit in the defendant's claim of error in his conviction for second degree murder with a firearm, which is affirmed. The separate conviction for possession of a firearm in the commission of the second degree murder, however, is impermissibly duplicitous and is therefore vacated. See Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992).
Affirmed in part, vacated in part.
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