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STINNETT v. STATE

No. 2D05-546.

935 So.2d 632 (2006)

Charles Edward STINNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Charles Stinnett's resort to gunplay after his ejection from a nightclub led to his convictions for aggravated assault and criminal mischief. He has appealed. We affirm the conviction for aggravated assault without discussion, but we reverse the conviction for criminal mischief.

In the waning hours of 2003, Stinnett and two friends, the Prescott brothers, went to the Buck Wild nightclub to celebrate New Year's Eve. They began their observance...

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