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STATE v. GALLO

No. 2D10-5394.

76 So.3d 407 (2011)

STATE of Florida, Appellant, v. Alphonse Olando GALLO, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Timothy A. Freeland , Assistant Attorney General, Tampa, for Appellant.

Christopher E. Cosden of The Wilbur Smith Law Firm, Fort Myers, for Appellee.

CASANUEVA, Judge.

The State appeals the trial court's determination that Alphonse Olando Gallo was entitled to immunity from prosecution for the second-degree murder of Patrick Barbour. We affirm.

Mr. Barbour's unfortunate death resulted from events reminiscent of the "Shootout at the OK Corral."1 At around 2:30 in the morning, Mr. Gallo and Mr. Barbour confronted each other outside of a busy night club in the Newtown area of Sarasota...

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