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DELLINGER v. STATE

No. 85-1349.

495 So.2d 197 (1986)

David Edward DELLINGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing October 2, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

EN BANC

SHARP, Judge.

Dellinger appeals from his conviction and sentence for second degree murder1 on the ground that the evidence presented at trial was insufficient to support the jury's verdict. Because of a potential conflict with Marasa v. State, 394 So.2d 544 (Fla. 5th DCA), review denied, 402 So.2d 613 (Fla. 1981), we considered this case en banc,2 and...

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