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STATE v. KONEGEN

No. 4D08-2224.

18 So.3d 697 (2009)

STATE of Florida, Appellant, v. Robert KONEGEN, Appellee.

District Court of Appeal of Florida, Fourth District.

September 30, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellee.

LEVINE, J.

The jury convicted appellee, Robert Konegen, of uttering a forged or false instrument. After the jury returned its guilty verdict, the trial judge granted a defense motion for a judgment of acquittal based on Linn v. State, 921 So.2d 830 (Fla. 2d DCA 2006). On appeal, the state argues that the trial court erred in granting the motion. Based on the specific facts of this case, we agree with the state and find the...

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