Opinion
No. 81-1208.
October 26, 1982. Rehearing Denied December 8, 1982.
Appeal from the Circuit Court, Dade County, Thomas E. Scott, J.
Friedman Friedman, Miami Beach, Walter, Costanzo, Miller Russell and James G. Roth, Miami, for appellant.
Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, BASKIN and FERGUSON, JJ.
We affirm the conviction for manslaughter but reverse the conviction for use of a firearm in the commission of second-degree murder, in light of the jury's rejection of the state's contention that defendant committed a second-degree murder. Redondo v. State, 403 So.2d 954 (Fla. 1981).
Affirmed in part, reversed in part.