STATE v. SMILEY

No. 2D01-1419.

802 So.2d 418 (2001)

STATE of Florida, Appellant, v. George Ira SMILEY, Appellee.

District Court of Appeal of Florida, Second District.

December 5, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny Scavin Seig, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Raymond Dix, Assistant Public Defender, Bartow, for Appellee.


ORDER RELINQUISHING JURISDICTION

CASANUEVA, Judge.

On the court's own motion, we relinquish jurisdiction to the trial court for sixty days to hold an evidentiary hearing on a factual issue in the posttrial record that must be resolved before this appeal may proceed.

On January 17, 2001, George Ira Smiley was tried and found guilty of one count of vehicular homicide. Thereafter, defense counsel filed a timely motion for judgment of acquittal...

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