HENAO v. STATE

No. 4D05-1507.

939 So.2d 336 (2006)

FABIAN HENAO, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.


Attorney(s) appearing for the Case

Manuel Alvarez of Gonzalez & Alvarez, P.A., Miami Lakes, for appellant.

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


GROSS, J.

This case arose out of a melee at a Mobil station involving 19 people divided into two opposing groups. The combatants threw bottles and exchanged punches and kicks. Two sets of shots were fired. When the dust settled, four persons were shot and three were stabbed. One person, Wilmer Hernandez, died from gunshot wounds.

The state charged appellant Fabian Henao and Salvador Osegueda with six crimes—second degree murder of Hernandez, three counts...

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