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STATE v. THOMAS

No. 89-2328.

570 So.2d 1023 (1990)

The STATE of Florida, Appellant, v. Olrick THOMAS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 3, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellant.

Scott W. Sakin, Miami Beach, for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Olrick Thomas was found guilty in a jury trial of false imprisonment and two counts of sexual battery on a child under the age of twelve. The issue presented in this State appeal from an order granting a new trial is whether the evidence relied upon by the defendant as a basis for a retrial satisfies the requirements of Florida Rule of Criminal Procedure 3.600(a)(3)1 that such evidence be new and material, could not have...

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