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STATE v. PENNINGTON

No. 71399.

534 So.2d 393 (1988)

STATE of Florida, Petitioner, v. Ralph PENNINGTON, Respondent.

Supreme Court of Florida.

November 23, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for petitioner.

Michael J. Wrubel of the Law Offices of Michael J. Wrubel, P.A., Fort Lauderdale, for respondent.

OVERTON, Justice.

The State of Florida petitions this Court to review Pennington v. State, 526 So.2d 87 (Fla. 4th DCA 1987), in which the Fourth District Court of Appeal held that the respondent had not waived his right to contest the trial court's denial of his motion for judgment of acquittal where a codefendant's testimony supplied the essential elements for the state's prima facie case against the respondent during the...

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