FONTICOBA v. STATE

No. 97-2429

725 So.2d 1244 (1999)

Pedro Patricio FONTICOBA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 27, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Craig J. Trocino, and Roy A. Heimlich, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Maya Saxena, Assistant Attorney General, and Michael Neimand, Assistant Attorney General, for appellee.

Before NESBITT, GREEN, and FLETCHER, JJ.


PER CURIAM.

The appellant, Pedro Patricio Fonticoba, was charged with second degree murder in the shooting death of his common law wife, Mirtha Mon, in the bedroom of their home. Although Fonticoba did not testify at his trial, his theory of defense was that the shooting was accidental and at best, he was only guilty of manslaughter. The jury convicted Fonticoba of second degree murder as charged and this appeal followed.

Fonticoba argues that he was deprived...

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