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THELAMOUR v. STATE

No. 5D09-3676.

76 So.3d 957 (2011)

Dimitry THELAMOUR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Susan A. Fagan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

SAWAYA and MONACO, JJ., concur.

ORFINGER, C.J., dissents, with opinion.

ORFINGER, C.J., dissenting.

This case involved a shooting. The victim and Dimitry Thelamour were friends, at least until this incident. They travelled together to a cookout where the victim was shot. After the shooting, the victim passed out and woke up in the hospital. He told the police that Thelamour shot him, but indicated he did not want...

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