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STATE v. BURNETTE

No. 1D03-3178.

881 So.2d 693 (2004)

STATE of Florida, Appellant, v. Steven Jayson BURNETTE, Appellee.

District Court of Appeal of Florida, First District.

August 30, 2004.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for appellant.

William Mallory Kent, of The Law Office of William Mallory Kent, Jacksonville, for appellee.

WOLF, C.J.

The state appeals an order setting aside a jury verdict of guilty and granting a motion for new trial.1 The trial court erred as a matter of law in finding that a technical discrepancy between the caption and the body of the information was not waived by appellee's failure to raise the issue prior to the verdict; therefore, we reverse.

Appellee was charged by an amended information...

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