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CORNEJO v. STATE

No. 4D03-2378.

892 So.2d 1160 (2005)

Misael CORNEJO, a/k/a Miguel Sanchez, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 25, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

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

PER CURIAM.

Convicted of second degree murder, Misael Cornejo contends that the evidence in this circumstantial case was insufficient to establish his criminal liability as a principal in the shooting death of the victim. We agree, and reverse his conviction for second degree murder. Consistent with Sigler v. State, 881 So.2d 14 (Fla. 4th DCA 2004), we remand to the circuit court for retrial on the charge of third degree...

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