5D02-3425 Rufino Guebara v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D02-3425.op

Case Date: 10/13/2003

Plaintiff: 5D02-3425 Rufino Guebara

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 RUFINO GUEBARA, Appellant, v. STATE OF FLORIDA, Appellee. / Opinion filed October 17, 2003 Appeal from the Circuit Court for Orange County, Thomas B. Smith, Judge. W. Ford Duane of Hannah, Estes & Ingram, P.A., Orlando, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PALMER, J. Rufino Guebara appeals his judgment and sentence which were imposed by the trial court after a jury found him guilty of committing manslaughter with a firearm.1 Concluding that the trial court applied the wrong standard when ruling on Guebara's motion for a new trial, we remand this matter to the trial court to reconsider that motion. Guebara was charged by information with one count of second degree murder with a firearm. After trial, the jury found Guebara guilty of committing the lesser included offense of manslaughter with a firearm. Case No. 5D02-3425

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