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STATE v. MATHIS

No. 2D04-2477.

933 So.2d 29 (2006)

STATE of Florida, Appellant, v. James W. MATHIS, Jr., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 7, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellee.

DAVIS, Judge.

The State challenges the trial court order granting James W. Mathis, Jr.'s motion for new trial. In its order, the trial court determined that the prosecutor had misstated the law during closing argument in Mathis' attempted second-degree murder trial. Although we agree with this conclusion, we disagree with the trial court's determination that the unpreserved error was fundamental. As such, we reverse.

The charge against Mathis stemmed from...

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