BURTTRAM v. STATE

No. 2D00-692.

780 So.2d 224 (2001)

Thomas D. BURTTRAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 6, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

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


PARKER, Acting Chief Judge.

Thomas D. Burttram appeals his judgment and sentence for first-degree premeditated murder. Burttram argues that the trial court erred in denying his motion for judgment of acquittal because the State failed to prove premeditation. We agree and reverse and remand this case to the trial court to impose a judgment and sentence for second-degree murder.

Burttram was charged with the first-degree murder of Bobby Farrell, who was killed...

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