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STATE v. PRESLEY

No. 3D01-2973.

824 So.2d 906 (2002)

The STATE of Florida, Appellant, v. Michael PRESLEY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 4, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellant.

Black, Srebnick & Kornspan, Roy Black and Christine Ng, Miami, for appellee.

Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.

Rehearing and Rehearing En Banc Denied September 4, 2002.

PER CURIAM.

The State appeals from an order granting the defendant, Michael Presley, a new trial. For the following reasons, we affirm.

The defendant was charged with one count of first-degree grand theft and one count of third-degree grand theft under section 812.014, Florida Statutes. The particular type of theft alleged in the information and the bill of particulars was theft by false pretenses...

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