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STATE v. DAVIS

No. 2D12-1409.

110 So.3d 27 (2013)

STATE of Florida, Appellant, v. Jeffrey Scott DAVIS, Appellee.

District Court of Appeal of Florida, Second District.

February 27. 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Jonathan P. Hurley , Assistant Attorney General, Tampa, for Appellant.

Jason M. Lucas of The Lucas Law Firm, P.A., Port Charlotte, for Appellee.

MORRIS, Judge.

The State of Florida appeals from the circuit court's order granting the defendant Jeffrey Scott Davis's motion for judgment of acquittal notwithstanding the verdict. We conclude that the circuit court erred by granting the motion, and we reverse.

I. Background

Davis was charged with boating under the influence (BUI)1 for events which occurred in October 2008. During a bifurcated jury trial, Punta Gorda...

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