Priestley v. State

537 So.2d 690 (1989)

John PRIESTLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 87-1716.

District Court of Appeal of Florida, Second District.

January 27, 1989.

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Priestley appeals a judgment and sentence adjudicating him guilty of murder in the second degree. We reverse.

The incident giving rise to the charge occurred when Melvin Gill, the victim, and Priestley went outside of…