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252 So. 3d 779

Bilotti v. State

District Court of Appeal of Florida · decided 2018-06-06

Relies on JOHN PACCHIANA v. STATE OF FLORIDA

Decided 2018-06-06

Levine, J.

¶1We deny the state's motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

¶2Appellant appeals her conviction for second-degree murder. We reverse the conviction for all the reasons stated in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018).

¶3Reversed and remanded .

¶4Gerber, C.J., concurs in part and dissents in part with opinion.

¶5May, J., dissents with opinion.

Gerber, C.J., concurring in part and dissenting in part.

¶6For the reasons expressed in my concurrence in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018), I concur with Judge Levine's ultimate conclusion to reverse the defendant's conviction and remand for a new trial.

May, J., Dissenting.

¶7For the reasons expressed in my dissent in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018), I dissent from the majority on the prospective juror issue. I would affirm the conviction.

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