BIGGS v. STATE

No. 86-1174.

513 So.2d 1382 (1987)

Alan BIGGS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 1987.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Nancy C. Wear, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


PER CURIAM.

Alan Biggs appeals his conviction of second-degree murder and sentence of fifteen years imprisonment on the ground that the circumstantial evidence relied upon by the state was legally insufficient to support his conviction. We agree and, for this reason, vacate Biggs' conviction.

On the evening of October 27, 1985, Biggs and the victim, Michael Bates, had been fishing from a coral rock area at the old Key Largo Airport. According to Biggs, he...

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