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McLAUGHLIN v. STATE

No. 96-1942.

698 So.2d 296 (1997)

Daniel Marcus McLAUGHLIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for appellee.

Before NESBITT, LEVY and GODERICH, JJ.

NESBITT, Judge.

United States Federal Protection Service officers Heriberto Martinez and Jack Aho were in downtown Miami when they heard shots fired. They investigated the source of the gunfire. Martinez saw the defendant, Daniel McLaughlin, with what looked like a gun sticking out of his waistband. When Martinez asked McLaughlin if he could talk to him, McLaughlin pulled out a gun, pointed it at the officer, and told him that he didn't want to talk to him. McLaughlin...

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