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NEELY v. STATE

Nos. 87-1095, 89-0863.

565 So.2d 337 (1990)

Todd Patrick NEELY, Appellant/Cross Appellee, v. STATE of Florida, Appellee/Cross Appellant. State of Florida, Appellant, v. Todd Patrick Neely, Appellee.

District Court of Appeal of Florida, Fourth District.

June 27, 1990.

Attorney(s) appearing for the Case

Russell J. Ferraro, Jr. of McManus, Stewart, Ferraro & Schwarz, P.A., Joseph Negron, Jr. of Steger & Steger, Stuart, and Edwin M. Sigel, Dallas, Tex., for appellant/cross appellee/appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard G. Bartmon, Sp. Asst. Atty. Gen., Stuart, and Diane E. Leeds, and Joy B. Shearer, Asst. Attys. Gen., West Palm Beach, for appellee/cross appellant/appellant.

ANSTEAD, Judge.

We sua sponte consolidate these appeals and remand this cause to the trial court for further proceedings consistent with the trial court's order granting the appellant, Todd Patrick Neely, a new trial.

PROCEDURAL POSTURE

These proceedings involve an appeal by Neely from judgments of conviction for attempted murder and burglary, and a subsequent appeal by the state from a post-trial order granting Neely a new trial pursuant to a petition...

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