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STATE v. GATES

No. 2D02-1189.

826 So.2d 1064 (2002)

STATE of Florida, Petitioner, v. Nathaniel GATES, Respondent.

District Court of Appeal of Florida, Second District.

September 27, 2002.

Attorney(s) appearing for the Case

Mark A. Ober, State Attorney, and Scott Harmon, Assistant State Attorney, Tampa; and Robert A. Butterworth, Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Petitioner.

Julianne M. Holt, Public Defender, and Samantha Ward, Assistant Public Defender, Tampa, for Respondent.

PARKER, Judge.

In this petition for writ of certiorari, the State challenges the trial court's pretrial order granting Nathaniel Gates's motion to forbid the State from proceeding on a theory of prosecution inconsistent with that presented during the trial of Gates's codefendant Joshua Bailey. We grant the petition in part and deny it in part.

Gates and Bailey were both charged with first-degree murder for the death of Donald Frier. The police investigation...

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