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STATE v. SIMONE

No. 82-144.

431 So.2d 718 (1983)

The STATE of Florida, Appellant, v. Jacques SIMONE, Appellee.

District Court of Appeal of Florida, Third District.

May 24, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and William Thomas, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

HENDRY, Judge.

The state takes this appeal from the trial court's order granting appellee/defendant's motion for a new trial. The issue presented is whether the trial court abused its discretion by granting defendant's motion for a new trial on the ground that refusal to instruct the jury on an allegedly lesser included offense constituted prejudicial error under Lomax v. State, 345 So.2d 719 (Fla. 1977). Because we find...

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