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STATE v. STONE

No. 4D10-795.

42 So.3d 279 (2010)

STATE of Florida, Appellant, v. Jason STONE, Appellee.

District Court of Appeal of Florida, Fourth District.

July 28, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Tallahassee, and Diane F. Medley , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Karen E. Ehrlich , Assistant Public Defender, West Palm Beach, for appellee.

ON MOTION TO DISMISS

GROSS, C.J.

The state appeals an order granting Jason Stone's motion for judgment of acquittal. Stone moves to dismiss the appeal, arguing that the state has no right to appeal a ruling granting a motion for judgment of acquittal after the jury has been sworn, but before a verdict is rendered. We agree with Stone and dismiss the appeal.

Stone was indicted in 2007 for first-degree murder and attempted first-degree murder...

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