SIMEON v. STATE

No. 86-2866.

520 So.2d 81 (1988)

Alejandro Nelson SIMEON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 16, 1988.


Attorney(s) appearing for the Case

Robert H. Martin, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

Simeon was indicted for first degree murder in the shooting death of Juaros Pierre and convicted of second degree murder after a jury trial. His defense was that the crime had actually been committed by Felix Hernandez, who was with him in an automobile when the offense took place. Hernandez, in turn, claimed that Simeon was guilty, and the issue for the jury was which of the two was the perpetrator. Before the trial, Hernandez, who had also...

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