BUTTS v. STATE

No. 98-546.

733 So.2d 1097 (1999)

Charles Michael BUTTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 19, 1999.


Attorney(s) appearing for the Case

William J. Sheppard and D. Gray Thomas, of Sheppard and White, P.A., Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, and Sherri Rollison, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, J.

Appellant, Charles Michael Butts, seeks review of his conviction and sentence for second degree murder. Appellant challenges two evidentiary rulings by the trial court and also urges that the evidence was insufficient to sustain a conviction. Although the evidence in this case, viewed in a light most favorable to the prosecution, was sufficient to withstand a motion for judgment of acquittal, appellant is entitled to a new trial because the trial court impermissibly...

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