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STATE v. GOLDWIRE

No. 5D99-2490.

762 So.2d 996 (2000)

STATE of Florida, Appellant, v. Levon GOLDWIRE, Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

Richard J. D'Amico, Daytona Beach, for Appellee.

SAWAYA, J.

The State appeals an order granting a new trial to Levon Goldwire. We find that the trial court abused its discretion and reverse.

Goldwire was convicted of armed robbery with a weapon. The evidence the jury heard was extensive as to Goldwire's guilt. Several eyewitnesses saw Goldwire enter a Wal-Mart store and leave with several cartons of cigarettes without paying for them. Goldwire was approached by...

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