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WILLIAMS v. STATE

No. 1D00-2054.

799 So.2d 444 (2001)

Albert WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 16, 2001.

Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and Leonard Holton, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for appellee.

WOLF, J.

Appellant raises three issues in this appeal, only one of which requires reversal. Because we find the facts in this case indistinguishable from those in Ellison v. State, 547 So.2d 1003 (Fla. 1st DCA 1989), aff'd in pertinent part, rev'd on other grounds, State v. Ellison, 561 So.2d 576 (Fla.1990), we reverse appellant's conviction for second degree murder and remand for...

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