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STATE v. DEL RIO

No. 2D02-3786.

854 So.2d 692 (2003)

STATE of Florida, Appellant/Cross-Appellee, v. Richard DEL RIO, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

July 25, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant/Cross-Appellee.

Randall O. Reder of Randall O. Reder, P.A., Tampa, for Appellee/Cross-Appellant.

ALTENBERND, Chief Judge.

The State charged Richard Del Rio with vehicular homicide, and the jury returned a verdict of guilty as charged. Thereafter, the trial court granted a judgment of acquittal, concluding that the unfortunate accident from which this charge arose was the result of negligence and careless driving but that Mr. Del Rio's actions did not meet the level of recklessness required to convict him of vehicular homicide. The State appeals this judgment...

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