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RODRIGUEZ v. STATE

No. 85-2562.

493 So.2d 1067 (1986)

Orestes RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 1, 1986.

Attorney(s) appearing for the Case

Jon W. Burke, Miami, for appellant.

Jim Smith, Atty. Gen., and Lisa A. Rosenthal and Margarita M. Febres, Asst. Attys. Gen., for appellee.

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

PER CURIAM.

We reject the defendant's contention that he was entitled to the entry of a judgment of acquittal on the ground that the evidence was insufficient to sustain his first-degree murder conviction. We also reject his alternative contention that the prosecutor's misstatement of the law during closing argument — "If you believe [the defendant's story] is not credible and if you believe he took the stand and didn't tell the truth, he is guilty of first...

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