JOHNSON v. STATE

No. 3D09-1752.

47 So.3d 941 (2010)

Gregory JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 17, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Bill McCollum , Attorney General, and Forrest L. Andrews, Jr. , Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., GERSTEN and SALTER, JJ.


PER CURIAM.

Gregory Johnson ("the defendant") appeals his conviction and sentence for manslaughter. We reverse.

The State charged and tried the defendant with premeditated murder for the shooting death of Jose Martinez ("the victim"). The defendant and his then girlfriend, Sandra Vega ("Vega"), contracted with the victim to build them a house. Subsequently, Vega ended her relationship with the defendant and began one with the victim.

On the night of...

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