JOHNSON v. STATE

No. 4D04-2854.

936 So.2d 672 (2006)

Ernest JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 26, 2006.


Attorney(s) appearing for the Case

Victoria Vilchez of Victoria Vilchez & Associates, P.A., West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION TO SET ASIDE MANDATE

WARNER, J.

We grant the motion to set aside mandate, withdraw our prior opinion and substitute the following in its place.

We affirm the conviction and sentence of appellant for second degree murder with a firearm. The appellant contends that his conviction should be reversed because it was based entirely on circumstantial evidence which did not refute the appellant's reasonable hypothesis of innocence. We conclude...

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