Thornton v. State

OPINION ON RECONSIDERATION

HERSEY, Chief Judge.

We have this case for reconsideration pursuant to the Florida Supreme Court’s opinion of July 17, 1986, 491 So.2d 1143, directing this court to reconsider its prior opinion in light of State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

Appellant was tried for second degree murder in May 1982. The record discloses that Dr. Ronald Wright, the Broward County Medical Examiner, testified that at 3:45 a.m. on January 30, 1982, he investigated the shooting death of James Williams, Jr., in Fort Lauderdale. Williams was six feet tall and weighed 178 pounds. He…