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MURRAY v. CHAVIES

No. 95-3517.

671 So.2d 183 (1996)

Wendell MURRAY, Petitioner, v. The Honorable Michael B. CHAVIES, Judge of the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 24, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Angelica D. Zayas, Assistant Attorney General, for respondent.

Before BARKDULL, NESBITT, and GERSTEN, JJ.

PER CURIAM.

Petitioner, the defendant below, Wendell Murray, petitions this Court for a writ of prohibition to prevent retrial for second-degree murder. We grant the petition.

The defendant was tried for second-degree murder before a jury. The jury's instructions and verdict forms included the lesser offenses of manslaughter and culpable negligence. The jury returned signed, completed verdict forms of not guilty of second-degree murder and guilty of manslaughter...

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