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STATE v. SAPP

No. 85-2405.

492 So.2d 703 (1986)

STATE of Florida, Appellant/Cross-Appellee, v. Glen E. SAPP, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellant/cross-appellee.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, and John Hathaway, Punta Gorda, for appellee/cross-appellant.

CAMPBELL, Judge.

Appellant, the State of Florida, appeals the trial court's order granting appellee/cross-appellant's, Glen E. Sapp, motion for new trial. Appellee/cross-appellant cross-appeals the trial court's denial of his motion for judgment of acquittal. We conclude that the trial court was in error in failing to grant appellee/cross-appellant's motion for judgment of acquittal and, therefore, reverse on the cross-appeal making it unnecessary to discuss the issue...

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