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RAYL v. STATE

No. 2D99-620.

765 So.2d 917 (2000)

Barry Joseph RAYL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 25, 2000.

Attorney(s) appearing for the Case

Robert Augustus Harper and Jason Michael Savitz of Robert Augustus Harper Law Firm, P.A., Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

THREADGILL, Acting Chief Judge.

The appellant, Barry J. Rayl, challenges a judgment and sentence for second-degree murder with a firearm. He argues that the trial court erred in denying his motion for judgment of acquittal on that charge. We agree and, therefore, reverse and remand for the conviction to be reduced to manslaughter with a firearm.

The evidence presented at jury trial revealed that the appellant and...

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