Mora v. State

District Court of Appeal of Florida

Mora v. State

454 So. 2d 92, 9 Fla. L. Weekly 1861, 1984 Fla. App. LEXIS 14899

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1984

DocketNo. 82-2457

StatusPublished

This text of 454 So. 2d 92 (Mora v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mora v. State, 454 So. 2d 92, 9 Fla. L. Weekly 1861, 1984 Fla. App. LEXIS 14899 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

We reject the defendant’s contention that his claim of self-defense was established as a matter of law. E.g., Darty v. State, 161 So.2d 864 (Fla. 2d DCA 1964), cert. denied, 168 So.2d 147 (Fla.1964). Accordingly, the convictions for second degree-murder and attempted second degree-murder under review are affirmed. The sentences are modified, however, to the extent only of providing that the three-year minimum mandatory provisions imposed pursuant to Sec. 775.087(2), Fla.Stat. (1981) shall be served concurrently rather than consecutively. Palmer v. State, 438 So.2d 1 (Fla.1983); Parson v. State, 450 So.2d 924 (Fla. 4th DCA 1984); Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984).

Affirmed as modified.

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PER CURIAM.

We reject the defendant’s contention that his claim of self-defense was established as a matter of law. E.g., Darty v. State, 161 So.2d 864 (Fla. 2d DCA 1964), cert. denied, 168 So.2d 147 (Fla.1964). Accordingly, the convictions for second degree-murder and attempted second degree-murder under review are affirmed. The sentences are modified, however, to the extent only of providing that the three-year minimum mandatory provisions imposed pursuant to Sec. 775.087(2), Fla.Stat. (1981) shall be served concurrently rather than consecutively. Palmer v. State, 438 So.2d 1 (Fla.1983); Parson v. State, 450 So.2d 924 (Fla. 4th DCA 1984); Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984).

Affirmed as modified.

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454 So. 2d 92, 9 Fla. L. Weekly 1861, 1984 Fla. App. LEXIS 14899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mora-v-state-fladistctapp-1984.

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