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STATE v. COYNE

No. 86-2325.

512 So.2d 221 (1987)

STATE of Florida, Appellant, v. Robert COYNE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 11, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellee.

FRANK, Judge.

Robert Coyne was charged with attempted first degree murder in violation of sections 777.04(1) and 782.04(1)(a), Florida Statutes (1985). At the close of the evidence, the jury found him guilty of attempted second degree murder. Coyne timely sought a new trial pursuant to rule 3.600(a)(3) of the Florida Rules of Criminal Procedure based upon "newly discovered evidence," i.e., the victim would testify that the...

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