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WILLIAM EZRA WILLINGHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

This is an appeal from convictions for attempted second degree murder and use of a firearm while attempting to commit the murder. The attempted second degree murder was reclassified to a first degree felony because of the use of a firearm. § 775.087, Fla. Stat. (1987). Since a defendant cannot be subjected to multiple punishment for the same offense, the use of a firearm conviction must be reversed. U.S. Const. Amend. V; Fla. Const. Art. I, § 9. The sentence is not materially affected and no other point on appeal warrants a remand.

The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.

AFFIRMED IN PART AND REVERSED IN PART.

SHARP, C.J., and DAUKSCH and COBB, JJ., concur.

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WILLINGHAM v. STATE
(Jan 5, 1989)