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HORSTMAN v. STATE

No. 86-2925.

530 So.2d 368 (1988)

Rodney Charles HORSTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 12, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The state charged Rodney Horstman with first degree murder. A jury found him guilty of second degree murder, and the trial court sentenced him to seventeen years imprisonment. Horstman challenges the trial court's denial of his motion for judgment of acquittal, contending that the evidence presented against him was legally insufficient. We agree that the state did not present substantial, competent evidence to support the jury's verdict, and accordingly...

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