STIMUS v. STATE

No. 5D03-3523.

886 So.2d 996 (2004)

Aaron STIMUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 24, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Aaron Stimus appeals his judgment and sentence which were entered by the trial court after a jury found him guilty of committing the crime of first degree premeditated murder. Stimus raises three issues on appeal. We find his third claim of error relating to the State's alleged discovery violation to possess merit; therefore, we are constrained to reverse Stimus' conviction and remand this matter for a new trial.

Stimus was indicted on the charge...

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