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DONOHUE v. STATE

No. 4D99-3174.

801 So.2d 124 (2001)

Bryan DONOHUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 2001.

Attorney(s) appearing for the Case

Bert Winkler, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Bart Schneider and Melynda Melear, Assistant Attorneys General, West Palm Beach, for appellee.

KLEIN, J.

Appellant was convicted of second degree murder and robbery, both of which were enhanced as hate crimes. We reverse the murder conviction for a new trial because the trial court erred in excluding evidence of subsequent medical treatment which may have caused the victim's death. We affirm the robbery conviction.

The evidence showed that appellant left a group of friends, with whom he had been drinking and...

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