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STATE v. GARCIA

No. 70-779.

245 So.2d 293 (1971)

The STATE of Florida, Appellant, v. Ismael GARCIA and Gustavo Triana, Appellees.

District Court of Appeal of Florida, Third District.

March 16, 1971.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for appellant.

Fine, Jacobson & Block, Theodore Klein, Phillip A. Hubbart, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.

CARROLL, Judge.

The appellees were charged by information with the crime of second degree murder. They were tried together. Triana was convicted of second degree murder. Garcia was convicted of manslaughter, a lesser degree of homicide. The defendants appealed, and the judgments were affirmed. Subsequently, on motions of the defendants filed in the trial court under Rule 1.850 CrPR, 33 F.S.A., the court entered an order setting aside the judgments and sentences and...

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