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BARNES v. STATE

No. 3D05-2344.

993 So.2d 542 (2008)

Marcus BARNES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 23, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before COPE and LAGOA, JJ., and FLETCHER, Senior Judge.

ON REHEARING GRANTED

FLETCHER, Senior Judge.

On consideration of the state's motion for rehearing, the court grants the motion for rehearing, withdraws the opinion issued on August 15, 2007, and substitutes the following opinion.

Marcus Barnes appeals from his conviction and sentence for second-degree murder. We reverse.

Around ten p.m., the defendant, Marcus Barnes, arrived at his girlfriend's apartment to find another man, the victim...

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