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GILLIS v. STATE

No. 85-2459.

518 So.2d 962 (1988)

Kevin Charles GILLIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 19, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.

FERGUSON, Judge.

Two arguments are advanced by the defendant as grounds for granting him a new trial on a conviction for third-degree felony murder: (1) the trial court erred in admitting as substantive evidence a statement of a codefendant, which had been obtained by the police in a post-arrest custodial interrogation, inconsistent with the codefendant's trial testimony; and (2) the trial court committed fundamental error...

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