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941 So. 2d 1288

Docket No. 4D05-200.

Coles v. State

Charly COLES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 22, 2006.

District Court of Appeal of Florida · decided 2006-11-22

Cited by 2 later decisions — most recently April 2008

2 state decisions

Relies on Green v. State · 922 So. 2d 279 - Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-11-22

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¶1Benedict P. Kuehne and Susan Dmitrovsky of Sale & Kuehne, P.A., Miami and Kendal Coffey of Coffey & Wright, LLP, Miami, for appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

¶3MAY, J.

¶4This case involves the third of three defendants charged with multiple crimes arising out of a home invasion robbery. This defendant raises many of the same issues raised by his co-defendants in their separate consolidated appeals and additionally raises issues specific to his case. This court resolved the common issues in Garzon v. State,31 Fla. L. Weekly D2572 (Fla. 4th DCA Oct. 18, 2006). For the reasons expressed in Garzon, we reach the same result on the common issues. We find no merit in the additional issues raised in this appeal. We therefore affirm all convictions except for the defendant's conviction of armed kidnapping in Counts V and VI, which we reverse and remand for a new trial.

¶5We also certify conflict with Davis v. State,922 So.2d 279 (Fla. 1st DCA 2006), *1289 and Zeno v. State,910 So.2d 394 (Fla. 2d DCA 2005).

¶6Affirmed in Part and Reversed in Part and Remanded.

¶7POLEN and KLEIN, JJ., concur.

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