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RAMOS v. STATE

No. 83-949.

469 So.2d 145 (1985)

Rene RAMOS, Appellant/Cross-Appellee, v. The STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

March 12, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and R. James Pelstring, Sp. Asst. Public Defender, for appellant/cross-appellee.

Jim Smith, Atty. Gen. and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

At an earlier stage of these appellate proceedings, we considered Ramos' motion to dismiss the State's cross-appeal and held that in light of the pendency of Ramos' appeal from a judgment adjudicating him guilty of second-degree murder, the State's cross-appeal from the trial court's ruling that the evidence was insufficient to sustain the jury's verdict of first-degree murder was legally authorized. See Ramos v. State,

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