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MITCHELL v. STATE

No. 95-02169.

698 So.2d 555 (1997)

Dexter MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 11, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Kathleen Calcutt, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Dexter Mitchell appeals numerous convictions and sentences arising from an unusual sequence of events that occurred on October 26, 1994. During this rampage, he carried a BB pistol. He struck his estranged wife on the head with the pistol and threatened to shoot several other people. The state failed to introduce testimony that the BB pistol was operable or loaded at any time during this episode. The gun was empty when introduced into evidence and...

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