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STATE v. ALTAMURA

No. 95-02483.

676 So.2d 29 (1996)

STATE of Florida, Appellant, v. Joseph ALTAMURA, Appellee.

District Court of Appeal of Florida, Second District.

June 19, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

Michael C. Cheek, Clearwater, for Appellee.

FULMER, Judge.

Pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(D), the state appeals a posttrial order granting the defendant's motion for arrest of judgment. We affirm the trial court's determination that the defendant was improperly convicted of a crime for which he was not charged.

The defendant, Joseph Altamura, was charged with a single count of DUI manslaughter. Over defense objection, the trial...

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