ACOSTA v. STATE

No. 2D03-1711.

884 So.2d 112 (2004)

John A. ACOSTA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 6, 2004.


Attorney(s) appearing for the Case

Eilis S. Rubin and Robert I. Barrar of The Law Offices of Ellis S. Rubin and Robert I. Barrar, Miami, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Chief Judge.

John A. Acosta appeals his judgment for manslaughter and his sentence of 9.25 years in prison, followed by 3 years' probation. We affirm. Mr. Acosta raises five issues on appeal. We elect to discuss only his claim that he was entitled to a judgment of acquittal. Although the evidence suggests that John Acosta killed his victim with the first punch during an after-school fight among high school students, in light of all the circumstances, we...

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