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WILLIAMS v. STATE

No. 95-02853.

674 So.2d 177 (1996)

Wesley L. WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 17, 1996.

Attorney(s) appearing for the Case

Dick Lee of Lee & Lee, Sarasota, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.

DANAHY, Acting Chief Judge.

The appellant was convicted of the second degree murder of Troy Doolin, the owner of the home in which the appellant rented a room. He argues that the trial court erred in submitting the second degree murder charge to the jury since, at most, the evidence proved only the crime of manslaughter. We agree and reverse based on McDaniel v. State, 620 So.2d 1308

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