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GIBSON v. STATE

No. 5D05-3289.

956 So.2d 557 (2007)

Roseme GIBSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 25, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Tomislav David Golik, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

AFFIRMED. See Battle v. State, 911 So.2d 85, 89 (Fla.2005) (noting fundamental error is that which reaches down into the validity of the trial itself such that a guilty verdict could not have been obtained without the assistance of the alleged error); McCray v. State, 416 So.2d 804, 806 (Fla.1982) (stating "the fact that the defendant might have a better chance of acquittal...

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