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Bilotti v. State

Florida Court of Appeals, Fourth District

February 14, 2018

CHRISTIN BILOTTI, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. 08-3720CF10B.

          Carey Haughwout, Public Defender, and Mara C. Herbert, Assistant Public Defender, West Palm Beach, for appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Saber, Assistant Attorney General, West Palm Beach, for appellee.

          Levine, J.

         Appellant appeals her conviction for second-degree murder. We reverse the conviction for all the reasons stated in Pacchiana v. State, No. 4D15-3340 (Fla. 4th DCA February 14, 2018).

         Reversed and remanded.

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

          Gerber, CJ, concur ring in part and dissenting in part with opinion.

         For the reasons expressed in my concurrence in Pacchiana v. State, No. 4D15-3340 (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.

          May, J., dissenting.

         For the reasons expressed in my dissent in Pacchiana v. State, No. 4D15-3340 (Fla. 4th DCA February 14, 2018), I dissent from the majority on the prospective juror issue. I would affirm the conviction, but for the reasons expressed below, I would reverse and remand the case for resentencing.

         The defendant was the former girlfriend of the victim. She claimed that he raped her. When her father learned of the rape, he and three of his employees travelled to the defendant's mother's house where the defendant's father stated "he's dead, " in reference to the victim.

         Later that day, the victim was shot by one of the father's employees at the mother's house. The State's theory, which the jury believed, was that the defendant lured her former boyfriend to her mother's house, knowing that her father's employee intended to kill him. Her father and the employee who shot the victim were convicted of first degree murder and conspiracy to commit first ...


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