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SANTIAGO v. STATE

No. 5D02-2659.

874 So.2d 617 (2004)

Jonathan SANTIAGO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 15, 2004.

Attorney(s) appearing for the Case

Francis V. Iennaco of LeBlanc & Iennaco, Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, C.J.

Jonathan Santiago appeals his conviction for the offense of third-degree murder. Santiago contends that the trial court erred in denying his motion for a new trial because the evidence was insufficient to support a conviction for that offense. We will first discuss the factual background of the instant case, explain why the evidence presented was insufficient to prove the crime of third-degree murder, and determine whether a new trial is the appropriate...

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