STATE v. AUSTIN

No. 87-1443.

532 So.2d 19 (1988)

STATE of Florida, Appellant, v. Brady AUSTIN, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

September 1, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellant.

Marc L. Lubet, Lubet & Woodard, P.A., Orlando, for appellee.


DANIEL, Judge.

The state appeals an order granting Brady Austin's second motion for post conviction relief, setting aside the judgment and sentence entered on August 30, 1985, and granting a new trial. We reverse.

Austin was charged by information with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1983). After a jury trial, he was found guilty and judgment and a thirty year prison sentence entered. Upon appeal, the trial court...

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