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ROBERTSON v. STATE

No. 3D98-2383.

780 So.2d 106 (2001)

Floyd Thomas ROBERTSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 28, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Margaret A. Brenan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, SORONDO, and RAMIREZ, JJ.

OPINION ON REHEARING EN BANC

GERSTEN, Judge.

Floyd Thomas Robertson ("defendant") appeals his conviction and sentence for second degree murder in the shooting death of his girlfriend. The defendant claims the trial court erred in allowing his ex-wife to testify concerning the defendant's previous threat to the ex-wife with a gun. Because the defendant alleged the shooting was accidental, and that he had never used a gun in a threatening manner toward anyone...

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