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STATE v. ASHLEY

No. 95-00510.

670 So.2d 1087 (1996)

STATE of Florida, Appellant/Cross-Appellee, v. Kawana M. ASHLEY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

March 22, 1996.

Attorney(s) appearing for the Case

Bernie McCabe, State Attorney, and C. Marie King and Douglas R. Ellis, Assistant State Attorneys, Clearwater, for Appellant/Cross-Appellee.

James Marion Moorman, Public Defender, Bartow, and Bruce Johnson, Assistant Public Defender, Clearwater; and Priscilla Smith and Catherine Albisa of Center for Reproductive Law & Policy, New York City, for Appellee/Cross-Appellant.

PATTERSON, Judge.

On August 26, 1994, the state charged Kawana Ashley in a two-count information with manslaughter, contrary to section 782.07, Florida Statutes (1993), and third-degree felony murder, contrary to section 782.04(4), Florida Statutes (1993), both offenses arising from the death of her infant daughter, Brittany Ashley. The predicate felony in the third-degree murder charge was abortion or attempted abortion. Ashley moved to dismiss the information, asserting...

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