STATE v. WHITEHEAD

No. 87-655.

519 So.2d 1145 (1988)

The STATE of Florida, Appellant, v. Levi WHITEHEAD, Appellee.

District Court of Appeal of Florida, Third District.

February 16, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellant.

Arthur B. Calvin, Miami, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.


PER CURIAM.

The state appeals from an order entered after an evidentiary hearing granting the defendant's motion to vacate his murder conviction and awarding him a new trial. We reverse.

At his jury trial, the defendant was convicted of murder in the second degree. On appeal, this court affirmed his conviction. Whitehead v. State, 450 So.2d 545 (Fla. 3d DCA 1984). He later filed the instant motion pursuant to Florida...

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