PEREZ v. STATE

No. 78-1591.

371 So.2d 714 (1979)

Jesus Rivas PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 8, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and W.C. McLain, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

Jesus Perez appeals judgments and sentences for one count of first-degree murder and two counts of aggravated battery. He was convicted as charged and was given concurrent sentences of life imprisonment on the first-degree murder charge and fifteen years on each of the aggravated battery charges. This appeal timely followed. For the reasons hereinafter set forth we reverse.

The testimony adduced at trial established that appellant ran a fruit...

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