Connolly, Jr. v. State

ON MOTION FOR REHEARING EN BANC

ROTHENBERG, J.

Based on the State of Florida’s (“the State”) motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court’s opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.’s (“the defendant”) conviction for second degree murder with a firearm in its stead.

As the State correctly noted in its opening statement at the en banc oral argument before this Court, and which is supported by the record:

John Connolly [was] not an innocent FBI Agent sitting at his desk a thousand miles away…