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STATE v. LYONS

No. 73-728.

293 So.2d 391 (1974)

STATE of Florida, Appellant, v. Vicky A. LYONS, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

John A. Henninger, St. Petersburg, for appellee.

MANN, Chief Judge.

So far the trial judge has had no opportunity to find out what this case is all about. Rule 3.190(h)(3), 33 F.S.A., has been amended to read as follows:

"Hearing. Before hearing evidence, the court shall determine if the motion is legally sufficient. If it is not, the motion shall be denied. If the court hears the motion on its merits, the defendant shall present evidence supporting his position and the State may offer rebuttal evidence...

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