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SHABAZZ v. STATE

No. 4D05-1089.

928 So.2d 1267 (2006)

Ismail Malik SHABAZZ a/k/a Warner McCullough, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 2006.

Attorney(s) appearing for the Case

R. Wayne Richter of Perlet & Shiner, P.A., West Palm Beach, for appellant.

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

BAILEY, JENNIFER D., Associate Judge.

Ismail Malik Shabazz appeals his conviction for second degree murder.

The facts reveal two widely different stories in the case. The state's witnesses testified at trial that Shabazz and an accomplice attempted to rob the victim and shot at him, critically injuring him. The state conceded that the victim returned fire. Additional evidence suggested drug sales were involved. Shabazz was identified by a computer book he...

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