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BARTLETT v. STATE

No. 4D05-2232.

929 So.2d 1125 (2006)

William Scott BARTLETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 19, 2006.

Attorney(s) appearing for the Case

Phillip Menditto and Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Appellant, William Bartlett, was convicted of felony cruelty to animals, in violation of section 828.12(2), Florida Statutes (2004). On the evening after Hurricane Frances, appellant encountered an opossum in his garage. He shot the animal with his BB gun and chased it away. Later, when the animal was away from his home, appellant shot it numerous times with a BB gun. A deputy sheriff who arrived at the scene...

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