PORTER v. STATE

No. 2D98-3251.

752 So.2d 673 (2000)

James D. PORTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 8, 2000.


Attorney(s) appearing for the Case

Richard G. Bartmon of Law Offices of Bartmon & Bartmon, P.A., Boca Raton, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, James D. Porter, challenges his conviction and sentence for first degree murder on the sole ground that the trial judge erred in failing to grant a motion for judgment of acquittal based on a lack of evidence to sustain a conviction. We agree that the evidence fails to support appellant's conviction and reverse.

Appellant was convicted after his fourth trial for the premeditated first degree murder of his live-in girlfriend...

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