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STATE v. LEWIS

Nos. 87-2308, 87-2309.

543 So.2d 760 (1989)

STATE of Florida, Appellant/Cross-Appellee, v. George A. LEWIS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

On Motion for Rehearing April 26, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, and James T. Russell, State Atty., Tampa, and C. Marie King, Asst. State Atty., Clearwater, for appellee/cross-appellant.

Richard J. Preira of Weinstein & Preira, Miami, and Joseph M. Ciarciaglino and Robert L. Paver of Ciarciaglino, Paver & Coyle, St. Petersburg, for appellant/cross-appellee.

SCHEB, Acting Chief Judge.

The state appeals the trial court's award of a new trial for first degree murder (Appeal No. 87-2308) and arrest of judgment of a sexual battery conviction (Appeal No. 87-2309). Defendant George Lewis cross-appeals, charging that the trial court erred in not granting a judgment of acquittal as to the murder charge. We reverse the trial court's order granting a new trial and its arrest of judgment...

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