MITCHELL v. STATE

No. AW-271.

458 So.2d 819 (1984)

Jefferson MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 1, 1984.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

Mitchell appeals from convictions of three counts involving offenses which arose out of a major disturbance at Cross City Correctional Institution where he was an inmate. We reject appellant's assertion that the trial court erred in denying his motion for judgment of acquittal on the count one charge of attempting to cause a riot under Section 944.45, Florida Statutes (1981). However, we must reverse and remand for a new trial on all three counts by...

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