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STATE v. HALIBURTON

No. 79-2553.

385 So.2d 11 (1980)

STATE of Florida, Appellant, v. Harris HALIBURTON, Appellee.

District Court of Appeal of Florida, Fourth District.

July 2, 1980.

Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., and Sandra M. Kabboush, Asst. State's Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.

BERANEK, Judge.

This is an appeal by the State from the trial court's order granting a new trial to the defendant/appellee. The defendant and another individual were tried and convicted of the crime of burglary. Both defendants moved for new trial and the trial court granted only defendant's motion, finding, "the evidence ... is inconclusive, fragmentary and insubstantial as to the issue of identification of the defendant...

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