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MOORE v. STATE

No. 3D09-958.

165 So.3d 712 (2015)

Baron MOORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 6, 2015.

Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, and Shayne R. Burnham , Assistant Attorney General, for appellee.

Before SHEPHERD, C.J., and SUAREZ and ROTHENBERG, JJ.

ON REMAND

Upon remand by the Florida Supreme Court, we reverse Baron Moore's conviction and sentence for second degree murder and remand for a new trial.

In State v. Montgomery, 39 So.3d 252 (Fla.2010), the Florida Supreme Court found that the standard jury instruction...

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