HOOKER v. STATE

No. 85-364.

497 So.2d 982 (1986)

Keith L. HOOKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 19, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

We affirm defendant's conviction for second degree murder but remand for further consideration of the sentence.

Defendant was convicted of second degree murder for shooting at night into a trailer which he had reason to believe was occupied, which he believed to be occupied, and which was occupied. He killed one of the occupants, Mario Ortiz, a Guatemalan farm worker. The evidence is clear that defendant fired the shot while he was with a group...

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