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STATE v. SHRIVER

No. 2D00-4168.

801 So.2d 158 (2001)

STATE of Florida, Appellant, v. Ricky Lee SHRIVER, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

The State appeals an order granting Ricky Lee Shriver's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Shriver was charged with burglary of a dwelling with assault or battery and attempted sexual battery on a victim less than twelve years of age. Prior to closing arguments, a judgment of acquittal on the attempted sexual battery charge was entered. However, during closing arguments,...

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