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STATE v. GILSON

No. 2D08-4524.

56 So.3d 146 (2011)

STATE of Florida, Appellant, v. Mark GILSON, Appellee.

District Court of Appeal of Florida, Second District.

March 18, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellee.

DAVIS, Judge.

The State challenges the final order of the trial court granting Mark Gilson's motion to dismiss the charge of attempted first-degree murder of a law enforcement officer due to the State's destruction of certain evidence. We reverse.

In 1997, Gilson was convicted after jury trial of attempted first-degree murder of a law enforcement officer. The State alleged that during a traffic stop, Gilson shot Lee County Sheriff's Deputy Mark Cohen. Upon...

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