STATE v. DUKE

No. 96-3339.

709 So.2d 580 (1998)

STATE of Florida, Appellant, v. Louis A. DUKE, Appellee.

District Court of Appeal of Florida, Fifth District.

March 27, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, Carmen F. Corrente and David H. Foxman, Assistant Attorneys General, Daytona Beach, for Appellant.

Gus R. Benitez and Roger B. Butcher of Benitez & Butcher, P.A., Orlando, for Appellee.


W. SHARP, Judge.

The state appeals from an order of the trial court which granted a new trial in a criminal case. We are of the opinion that the trial court should have directed a verdict for the defendant, Duke, on the ground that the criminal charges in this case were not proved by sufficient evidence. Accordingly, we reverse and direct that a judgment of acquittal be entered for the appellee, Duke.

Duke was charged with three counts of attempted sexual...

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