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HAMID v. STATE

No. 3D99-2598.

782 So.2d 902 (2001)

Khalie Elamin HAMID, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 7, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and RAMIREZ, JJ.

PER CURIAM.

Defendant appeals from a judgment of conviction and sentence for battery and lewd assault. For the reasons that follow, we reverse the conviction and remand for reconsideration.

In denying the defendant's motion for a new trial, the trial court stated:

I have to act upon the decision in what I think to be a legal manner ... so I don't have much of a choice, as far as doing something about the results of the jury's verdict. I...

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