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STATE v. DUARTE

No. 95-02424.

681 So.2d 1187 (1996)

STATE of Florida, Appellant/Cross-Appellee, v. Manuel DUARTE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

October 18, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant/Cross-Appellee.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Assistant Public Defender, Bartow, for Appellee/Cross-Appellant.

RYDER, Acting Chief Judge.

The state seeks review of an order arresting judgment as to the first degree felony offense of conspiracy to traffic in cocaine in violation of section 893.135(5), Florida Statutes (1993). Because the appellee failed to timely object prior to his post-verdict motion to arrest judgment, we reverse and direct the trial court to reinstate the first degree felony conviction and resentence accordingly. On cross-appeal, Mr. Duarte challenges the...

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