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MENDEZ v. STATE

No. 81-1226.

412 So.2d 965 (1982)

Rafiel MENDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 1982.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Samuel R. Mandelbaum, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Judge.

Rafiel Mendez appeals his conviction and sentence for attempted second-degree murder of a police officer. We reverse.

The officer, Robert E. Pennington, a key witness, testified that he and another officer responded to a call from a night watchman at Instant Credit Motors in Tampa that someone was stealing tires from a van at the car lot. When they arrived they heard a noise from the van and the night watchman shouted, "`He is there.'" Pennington...

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