GIBBS v. STATE

No. 4D03-920.

904 So.2d 432 (2005)

Charlie GIBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2005.


Attorney(s) appearing for the Case

Michael D. Gelety, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING

WARNER, J.

We deny the motion for rehearing, withdraw our previously issued opinion and substitute the following in its place.

Appellant, Charlie Gibbs, appeals his judgment and sentence for second degree murder. He raises four issues: (1) whether the state failed to prove the depraved mind element of second degree murder; (2) whether prosecutorial misconduct denied him a fair trial; (3) whether the court erred in admitting...

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