STATE v. JOHNSON

No. 94-00769.

651 So.2d 145 (1995)

STATE of Florida, Appellant, v. Carol L. JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

February 15, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Kenneth D. Whitfield, Asst. Public Defender, Bartow, for appellee.


QUINCE, Judge.

The state appeals an order granting a motion for arrest of judgment filed by Carol L. Johnson (Johnson). Since the motion was untimely and could not be considered a proper motion pursuant to Florida Rule of Criminal Procedure 3.850, we reverse.

Johnson was charged by information with aggravated battery. A jury found her guilty of the lesser included offense of simple battery. Almost two months after the judgment was entered, Johnson filed a...

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