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GAITER v. STATE

No. 3D01-3268.

824 So.2d 956 (2002)

Robert Leon GAITER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Certification of Question Denied August 30, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before COPE, GREEN, and RAMIREZ, JJ.

RAMIREZ, J.

Robert Leon Gaiter appeals the denial of his motion for judgment of acquittal on the charge of attempted robbery. We reverse because appellee State of Florida failed to establish all the elements of the crime charged.

Wes Brent was at his rental property when he saw Gaiter sawing the lock off a bicycle that belonged to Brent's tenant. The tenant rents an apartment located at the rear of the house. The tenant's bicycle and Brent's jet ski were chained...

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