GINIEBRA v. STATE

No. 2D99-731.

787 So.2d 51 (2001)

Jorge Luis GINIEBRA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Terri L. Backhus, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.


PATTERSON, Chief Judge.

Jorge Giniebra appeals from his judgment and sentences for second-degree murder and kidnapping. He challenges the sufficiency of the evidence and the propriety of the jury instructions. We find no merit to Giniebra's jury instruction challenges, but we agree that the evidence fails to support a conviction for murder and reverse as to that charge.

The record shows that Giniebra and James Wooding worked together at a sugar mill. John...

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