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STATE v. WILLIAMS

No. 83-1209.

444 So.2d 434 (1983)

The STATE of Florida, Appellant/Cross-Appellee, v. Preston Eleree WILLIAMS, Jr., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

December 13, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Penny H. Brill, Asst. Atty. Gen., for appellant/cross-appellee.

Greene & Cooper and Robyn Greene, Miami, for appellee/cross-appellant.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

ON REHEARING ON MOTION TO DISMISS

DANIEL S. PEARSON, Judge.

The State has moved for a rehearing of our order denying without opinion its motion to dismiss the defendant's cross-appeal. We grant the rehearing and adhere to our ruling for the reasons which follow.

The State's appeal arises from a trial court order granting the defendant's motion for a new trial on the ground that in two instances the court incorrectly instructed the jury in response...

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