Bilotti v. State, 238 So. 3d 827 (2018)

Feb. 14, 2018 · District Court of Appeal of Florida, Fourth District · No. 4D15–3415

238 So. 3d 827

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

No. 4D15-3415

District Court of Appeal of Florida, Fourth District.

[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.

Levine, J.

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 .

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

May, J., dissents with opinion.

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

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.

May, J., dissenting.

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.