RODRIGUEZ v. STATE

No. 79-458.

379 So.2d 657 (1980)

Cosme RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1980.


Attorney(s) appearing for the Case

Bierman, Sonnett, Beiley & Shohat and Lawrence E. Besser, Miami, for appellant.

Jim Smith, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.


BARKDULL, Judge.

Appellant, defendant in the trial court, seeks review of his conviction and sentence to ten years in the State penitentiary plus ten years probation, entered by the trial court pursuant to a jury verdict which found the appellant guilty of second degree murder.

The appellant alleges two points by this appeal: (1) that the trial court erred in denying the appellant's motions for judgment of acquittal; (2) that the trial court improperly instructed...

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