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STATE v. JACKSON

No. 97-02564

725 So.2d 1234 (1999)

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

District Court of Appeal of Florida, Second District.

January 22, 1999.

Attorney(s) appearing for the Case

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

No appearance for Appellee.

DANAHY, Paul W., (Senior) Judge.

The State appeals from the order of the trial court granting Joseph Jackson's motion for postconviction relief and vacating his conviction and sentence based on trial counsel's failure to call a witness to testify at trial. We agree with the State that the witness's testimony did not constitute newly-discovered evidence. We also agree that there is no reasonable probability that the introduction of the witness's testimony would have...

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