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STATE v. KELLEY

No. 90-259.

588 So.2d 595 (1991)

STATE of Florida, Appellant, v. Belinda Joy KELLEY, Appellee.

District Court of Appeal of Florida, First District.

On Application for Rehearing November 1, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., for appellant.

John F. Daniel, of Daniel & Komarek, Chartered, Panama City, for appellee.

On Appellee's Application for Rehearing November 1, 1991.

ON REHEARING

ERVIN, Judge.

Upon considering appellant's motion for rehearing, we withdraw our previously released decision and subtitute the following therefor.

The state appeals a final order granting appellee's motion for judgment of acquittal after the jury verdict, arguing that the prosecution presented sufficient circumstantial evidence in appellee's manslaughter trial to rebut...

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