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STATE v. CLEARE

Nos. 91-1802, 91-1784.

591 So.2d 1019 (1991)

The STATE of Florida, Petitioner/Appellant, v. Shelbry C. CLEARE, Respondent/Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 30, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Janet Reno, State Atty., and Paul Mendelson, Asst. State Atty., for petitioner/appellant.

Friend, Fleck & Gettis, and Jeffrey Fleck, for respondent/appellee.

Before HUBBART, BASKIN and LEVY, JJ.

BASKIN, Judge.

The State of Florida appeals an order arresting judgment and petitions for a writ of certiorari to quash an order denying its motion to vacate a judgment of acquittal. We reverse the order and deny the petition.

Shelbry C. Cleare was charged by information with armed robbery and possession of a firearm during the commission of a felony. Cleare pled not guilty to both counts. The jury found Cleare not guilty of robbery with a firearm

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