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DIAZ v. STATE

No. 79-1552.

387 So.2d 978 (1980)

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

District Court of Appeal of Florida, Third District.

On Rehearing September 26, 1980.

Attorney(s) appearing for the Case

Jack R. Blumenfeld, Coconut Grove, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The defendant appeals from a judgment of conviction for manslaughter entered pursuant to Section 782.07, Florida Statutes (1977). His adjudication arose out of an information charging him with murder in the second degree pursuant to Section 782.04(2), Florida Statutes (1977). A jury found him guilty of manslaughter, being a lesser included offense, for which he was sentenced to fifteen years in the state penitentiary.

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