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KELLY v. STATE

No. 73-173.

281 So.2d 594 (1973)

Odessa KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 1973.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Bruce J. Daniels, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Fredric J. Scott, Asst. Atty. Gen., West Palm Beach, for appellee.

OWEN, Chief Judge.

Appellant shot her paramour with a pistol as he was packing to leave their jointly occupied apartment. She was convicted of culpable negligence (F.S. Section 784.05, F.S.A.), and shooting within an occupied dwelling (F.S. Section 790.19, F.S.A.), and appeals her judgment and sentence.

The State's case was weak, and in essence consisted primarily of the testimony of the victim, Joe McCoy. In substance he

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