BILOTTI v. STATE (2018)

District Court of Appeal of Florida, Fourth District.

Michael BILOTTI, Appellant, v. STATE of Florida, Appellee.

No. 4D15–3415

Decided: February 14, 2018

Fred Haddad of Haddad & Navarro, PLLC, Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

Appellant appeals his conviction and sentence for first-degree murder and solicitation to commit first-degree murder. We reverse the conviction for all the reasons stated in Pacchiana v. State, No. 4D15–3340, ––– So.3d –––– (Fla. 4th DCA February 14, 2018).

Reversed and remanded.

For the reasons expressed in my concurrence in Pacchiana v. State, No. 4D15–3340, ––– So.3d –––– (Fla. 4th DCA February 14, 2018), I concur with Judge Levine's ultimate conclusion to reverse the defendant's conviction and remand for a new trial.

For the reasons expressed in my dissent in Pacchiana v. State, 4D15–3340, ––– So.3d –––– (Fla. 4th DCA February 14, 2018), I dissent from the majority. I would affirm.

Levine, J.

Gerber, C.J., concurs in part and dissents in part with opinion. May, J., dissents with opinion.

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