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MATHIS v. STATE

No. 78-1114.

379 So.2d 459 (1980)

Robert Lee MATHIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff and Jon May, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Glenn H. Mitchell and Marc E. Kirk, Asst. Attys. Gen., West Palm Beach, for appellee.

TENDRICH, MOIE J.L., Associate Judge.

The appellant was charged with kidnapping and sexual battery. Appellant moved for judgment of acquittal and to dismiss the information because the state had allegedly intentionally destroyed a tape containing alleged exculpatory material. The court denied both motions. Subsequently a jury found appellant not guilty of kidnapping and guilty of sexual battery involving use of physical force and violence not likely to cause serious...

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