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HUNTER v. STATE

No. 95-2723.

687 So.2d 277 (1997)

Dwayne F. HUNTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 10, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, Judge.

Dwayne F. Hunter appeals from a conviction and sentence for second degree murder in the shooting of his brother, Kerry. We affirm.

Dwayne F. Hunter argued with Kerry while they visited the home of a friend. During the altercation, Kerry threatened to kill Hunter. Hunter drove away, returned to the scene of the argument and emerged from his truck armed with a .22 rifle. Kerry also left the scene and returned with a .380 handgun. The brothers...

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