ALLISON v. STATE

No. 93-01558.

661 So.2d 889 (1995)

Michael Jude ALLISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 1995.


Attorney(s) appearing for the Case

Manuel A. Machin of Manuel A. Machin, P.A., Tampa, for Appellant.

Daniel L. Castillo, Tampa, cocounsel for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kimberly D. Nolen, Assistant Attorney General, Tampa, for Appellee.


PARKER, Judge.

Michael Jude Allison appeals his conviction of second-degree murder and his departure sentence of life in prison. We reverse and remand for a new trial.

This case involves the murder of Kathlyn Ann Allison, the appellant's former wife. Although Mrs. Allison and the appellant had been divorced for three years, he began to stay at her house in November 1991 to help care for their three children. On the evening of January 4, 1992, appellant, Mrs...

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