ORLANDO MORA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1984-08-28
No. 82-2457
Before SCHWARTZ, C.J., and BARK-DULL and JORGENSON, JJ.
454 So. 2d 92 Florida District Court of Appeal, Third District (1984)

Opinion of the Court
PER CURIAM.

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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