BRINKLEY v. STATE

No. 5D03-1978.

874 So.2d 1199 (2004)

Romulus BRINKLEY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 23, 2004.


Attorney(s) appearing for the Case

Joerg F. Jaeger of Jaeger and Blankner, Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


EDWARDS-STEPHENS, S., Associate Judge.

The defendant appeals from his conviction and sentence for manslaughter by culpable negligence with a firearm. This case involves a tragic incident in which the defendant shot and killed his live-in partner's adult daughter, thinking she was a burglar.

The defendant raises as his point on appeal that the trial court erred in denying his motion to dismiss the indictment because...

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