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COLLETTI v. STATE

No. 2D09-4341.

74 So.3d 497 (2011)

Stephen S. COLLETTI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 15, 2011.

Attorney(s) appearing for the Case

Andrea M. Norgard and Margaret H. White-Small , Special Assistant Public Defenders, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jonathan P. Hurley , Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A jury convicted Stephen Colletti of third-degree felony murder. See § 782.04(4), Fla. Stat. (2008). On appeal, he contends that the State failed to prove the underlying felony and that, therefore, the evidence was insufficient to support his felony murder conviction. See Sori v. State, 477 So.2d 49, 50-51 (Fla. 2d DCA 1985). We agree, and we reverse Colletti's conviction.

Colletti was...

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