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STATE v. BODDEN

No. 3D99-2604.

756 So.2d 1111 (2000)

The STATE of Florida, Appellant, v. Rene Alex BODDEN, Appellee.

District Court of Appeal of Florida, Third District.

May 10, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Lara J. Edelstein, Assistant Attorney General, for appellant.

Entin, Margules & Delia Fera, P.A. and Alvin E. Entin, Ft. Lauderdale; May & Cohen, P.A. and Jon May, Ft. Lauderdale, for appellee.

Before COPE, GREEN, and SORONDO, JJ.

GREEN, J.

The state appeals an order granting the appellee's motion for new trial which was filed beyond the ten day period prescribed in Rule 3.590(a), Florida Rules of Criminal Procedure. Alternatively, the state requests that we summarily treat this appeal as the appellee's motion for ineffective assistance of trial counsel and reverse finding that appellee is not entitled to relief in the form of a new trial.

The appellee, Rene Alex Bodden, was charged...

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