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ZELLARS v. STATE

No. 97-364.

707 So.2d 345 (1998)

Carlos ZELLARS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Granting Rehearing March 20, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Zellars appeals from his conviction for attempted aggravated battery,1 after a jury trial, and his departure sentence upward from the guidelines of 45 months in prison. We affirm the conviction but remand for resentencing.

Zellars claims that the trial judge erred by not granting his motion for judgment of acquittal at the close of the state's case and at the conclusion...

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