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SMOLKA v. STATE

No. 93-971.

662 So.2d 1255 (1995)

Thomas E. SMOLKA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 11, 1995.

Attorney(s) appearing for the Case

Neal R. Sonnett and Miguel M. de la O, Neal R. Sonnett, P.A., Miami, and William Whipple, III, Wilmington, DE, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for appellee.

GRIFFIN, Judge.

Thomas E. Smolka ["Smolka"] appeals his conviction of first-degree murder of his wife, Betty Anne. After examining all the circumstantial evidence adduced by the State, we conclude the evidence will not support the conviction and reverse.

Smolka and Betty Anne were residents of Virginia Beach, Virginia but had become investors in the Radisson hotel in Ocala, Florida. They were visiting the Radisson...

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