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STATE v. LANCIA

No. 86-446.

499 So.2d 11 (1986)

STATE of Florida, Appellant, v. James LANCIA, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 30, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

Stuart I. Hyman, of NeJame & Hyman, P.A., Orlando, for appellee.

SHARP, Judge.

The State of Florida appeals the trial court's order which granted Lancia a new trial pursuant to his motion for post-conviction relief,1 after he had been convicted and sentenced for robbery with a firearm. The basis for the new trial award was that the jury instruction given at trial in support of Lancia's insanity defense failed to correctly instruct the jury that the state had the burden of proof of sanity.

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