STATE v. SURIN

No. 3D02-2473.

920 So.2d 1162 (2006)

The STATE of Florida, Appellant, v. Jean SURIN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 10, 2006.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Melynda L. Melear and Douglas Glaid, Assistant Attorneys General, for appellant.

Bennett H. Brummer, Public Defender, and Mark Graham Hanson, Special Assistant Public Defender, for appellee.

Before GERSTEN, GREEN, and SHEPHERD, JJ.


ON MOTION FOR REHEARING GRANTED

SHEPHERD, J.

We grant the motion for rehearing filed in this case by the State, withdraw our previous opinion and substitute the following in its place.

The State appeals a circuit court order granting the defendant, Jean Surin's, motion for judgment of partial acquittal on the ground that the State failed to prove defendant's age at trial. We have jurisdiction. Art. V, § 4(b)(1), Fla. Const.; Fla. R.App...

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