VILLANUEVA v. STATE

No. 3D04-1654.

917 So.2d 968 (2005)

Santiago VILLANUEVA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 28, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Todd G. Scher, Special Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee.

Before LEVY, SHEPHERD, and ROTHENBERG, JJ.


ROTHENBERG, Judge.

The defendant, Santiago Villanueva, was found guilty of attempted second degree murder with a firearm. While the firearm was discharged, the jury concluded that it was not discharged during the commission of the crime. We affirm the judgment and sentence, but remand for the correction of a scrivener's error.

The evidence is as follows. Gilberto Guajardo ("victim") testified that when he saw the defendant at a restaurant, he approached him...

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