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OLIVERA v. STATE

No. 97-2801.

719 So.2d 341 (1998)

Ricardo OLIVERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 4, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.

PER CURIAM.

Defendant-appellant Ricardo Olivera appeals his conviction for second-degree murder and attempted second-degree murder. We affirm.

First, we conclude that the admission of the disputed autopsy photograph into evidence was within the discretion of the trial judge and that the photograph was not unfairly prejudicial. See Kirby v. State, 625 So.2d 51, 54 (Fla. 3d DCA 1993). The photograph at issue was not...

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