STATE v. CARSWELL

No. 4D04-1635.

914 So.2d 9 (2005)

STATE of Florida, Appellant, v. Fred CARSWELL, Appellee.

District Court of Appeal of Florida, Fourth District.

June 8, 2005.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellant.

Joseph W. Gibson of Joseph W. Gibson, P.A., Miami, for appellee.


POLEN, J.

Appellant, the State of Florida, has timely appealed the trial court's order granting the Appellee's motion for arrest of judgment and motion for acquittal due to an inconsistent verdict. We believe, however, that the jury lawfully exercised its right to grant a jury pardon. Therefore, we reverse, as explained below.

This case arose from a drug deal gone bad resulting in an altercation on November 20, 2002. Donnell Brown had known the Appellant,...

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