Florida District Courts of Appeal, 2018

Bilotti v. State

Bilotti v. State
Florida District Courts of Appeal · Decided June 6, 2018 · Gerber, Levine
252 So. 3d 779 (Southern Reporter, Third Series)

Bilotti v. State

Opinion of the Court

Levine, J.

We deny the state's motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

Appellant appeals her conviction for second-degree murder. We reverse the conviction for all the reasons stated in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018).

Reversed and remanded .

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

May, J., dissents with opinion.

Concurring in Part

Gerber, C.J., concurring in part and dissenting in part.

For the reasons expressed in my concurrence in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018), I concur with Judge Levine's ultimate conclusion to reverse the defendant's conviction and remand for a new trial.

Dissenting Opinion

May, J., Dissenting.

For the reasons expressed in my dissent in Pacchiana v. State , 240 So.3d 803 (Fla. 4th DCA 2018), I dissent from the majority on the prospective juror issue. I would affirm the conviction.

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