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GUTIERREZ v. STATE

No. 95-132.

665 So.2d 294 (1995)

George L. GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Clarification Moot January 5, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Appellant, George L. Gutierrez, timely appeals from his judgment and sentence.

Gutierrez was arrested following a shooting incident in Orange County. At the time of the incident he was living with Dianne Buchannan and her son, Chad Buchannan. Gutierrez and Dianne argued; Chad got between them to break up the fight. Gutierrez then went into his bedroom and shut the door. As Chad walked down the hall near the bedroom door, Gutierrez opened the...

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