STATE v. CONNELL

No. 84-2092.

478 So.2d 1176 (1985)

STATE of Florida, Appellant, v. Thomas Alvin CONNELL, Appellee.

District Court of Appeal of Florida, Second District.

November 27, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellant.

Elliott C. Metcalfe, Jr., Public Defender, Sarasota, and Zollie S. Cowart, III, and P.A. Dubensky, Asst. Public Defenders, Bradenton, for appellee.


SCHEB, Judge.

The state filed a two count information charging defendant Thomas Connell with committing sexual battery and lewd and lascivious assault on his 13 year old stepdaughter. After a jury found defendant guilty of both counts, the trial court granted defendant a new trial. The state challenges that order. We have jurisdiction under Florida Rule of Appellate Procedure 9.140(c)(1)(C). We reverse.

Defendant's motion for new trial alleged that he was...

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