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DINGLE v. STATE

No. 94-912.

654 So.2d 164 (1995)

Richard DINGLE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 24, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Douglas J. Glaid, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

BASKIN, Judge.

Defendant Richard Allen Dingle appeals convictions and sentences for first degree murder and aggravated child abuse stemming from the death of his girlfriend's baby. We reverse.

Defendant was watching the baby while the mother went to a dental appointment; defendant had never supervised the baby before that day. Defendant called emergency rescue services and reported that as he was feeding the baby, she started choking. He tapped her on the...

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