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KNIGHT v. STATE

No. 87-1309.

537 So.2d 165 (1989)

Kenneth Roy KNIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 13, 1989.

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 Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant contends the evidence was insufficient to convict him of second degree murder relying solely on Hernandez Ramos v. State, 496 So.2d 837 (Fla. 2d DCA 1986). We find material differences between the evidence in this case and in Hernandez Ramos. Here, there was testimony of a recent prior threat of appellant to kill the victim. There was no prior threat in Hernandez Ramos, recent or otherwise...

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