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DIAZ v. STATE

No. 99-339.

747 So.2d 1021 (1999)

Ernesto DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 15, 1999.

Attorney(s) appearing for the Case

Bennett Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before NESBITT, COPE and SORONDO, JJ.

SORONDO, J.

Ernesto Diaz (defendant), appeals from a final judgment of guilt of second degree murder and thirty year sentence.

The defendant was charged by information with the second degree murder of Julio Rojas. Before trial, the state moved in limine to preclude the defense from arguing that the victim had a blood alcohol level of .21 at the time he was stabbed, unless the defendant presented evidence that he knew the victim was intoxicated. The defense...

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