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Poole v. State, Case No. 2D08-3211 (Fla. App. 12/23/2009) (Fla. App., 2009)

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JAMES EDWARD POOLE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-3211. District Court of Appeal of Florida, Second District. Opinion filed December 23, 2009. Appeal from the Circuit Court for Hillsborough County, William Fuente, Judge. James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. James Edward Poole appeals his judgment and sentence for murder in the second degree. After a thorough review of the record, we conclude that the State Page 2 failed to establish a prima facie case of second-degree murder. For this reason, we reverse Poole’s judgment and sentence and remand for the trial court to adjudge Poole guilty of the lesser offense of manslaughter1 and to resentence him accordingly...continue to full post

Full post as published by Florida Criminal Law Opinions on December 23, 2009 (boomark / email).