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DELVALLE v. STATE

No. 94-514.

653 So.2d 1078 (1995)

Heriberto DELVALLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 13, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Delvalle was convicted as charged of two counts of attempted first degree murder with a firearm as the result of the shooting and wounding of two men in the front yard of a house. A resident of the house was Fernando Ramirez, who had an affair with Delvalle's wife and who had been threatened by Delvalle. Delvalle was looking for "Fernando" at the time he shot the other two men. The issue at trial was the identity...

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