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EXPOSITO v. STATE

No. SC03-1248.

891 So.2d 525 (2004)

Alex EXPOSITO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 23, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Godfrey, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Richard L. Polin, Bureau Chief, Criminal Appeals and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, FL, for Respondent.

PARIENTE, C.J.

This case presents the issue of whether section 924.07, Florida Statutes (2004), authorizes a State appeal from a post-trial order reducing a charge pursuant to Florida Rule of Criminal Procedure 3.620. The Third District Court of Appeal answered this question in the affirmative. See State v. Exposito, 854 So.2d 674, 675 (Fla. 3d DCA 2003). However, the Third District certified conflict with the Fourth District...

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