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FOWLER v. STATE

No. 2D04-5522.

921 So.2d 708 (2006)

Mark FOWLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Steven L. Bolotin, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Mark Fowler appeals his judgment and sentence for second-degree murder. Because the State failed to rebut Fowler's prima facie case of self-defense, the trial court should have granted Fowler's motion for judgment of acquittal. Therefore, we do not reach Fowler's remaining two points on appeal, and we reverse his judgment and sentence and remand for discharge.

The State charged Fowler with first...

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