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POOLE v. STATE

No. 2D08-3211.

30 So.3d 696 (2010)

James Edward POOLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 2010.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

James Edward Poole appeals his judgment and sentence for murder in the second degree. After a thorough review of the record, we conclude that the State failed to establish a prima facie case of second-degree murder. For this reason, we reverse Poole's judgment and sentence and remand for the trial court to adjudge Poole guilty of the lesser offense of manslaughter1 and to resentence him accordingly.

I. THE FACTS...

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