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STATE v. MOYA

No. 84-1159.

460 So.2d 446 (1984)

The STATE of Florida, Appellant, v. Luis Antonio MOYA, Appellee.

District Court of Appeal of Florida, Third District.

November 27, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Richard Hersch and Neal R. Lewis, Sp. Appointed Public Defenders, for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

This is an appeal by the state from an order granting defendant Moya a new trial following a jury verdict finding Moya guilty of kidnapping and sexual battery. We affirm.

The trial court's order states:

The Defendant was tried before a jury for the crimes of kidnapping and sexual battery. He did not testify during the trial; however, his statement given to the police after his arrest was admitted into evidence. During that statement...

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