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LEE v. STATE

No. 5D11-2319.

89 So.3d 290 (2012)

Joe LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 2012.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski , and Jeffrey Deen , of Office of the Criminal and Civil Regional Counsel, Casselberry, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Robin A. Compton , Assistant Attorney General, Daytona Beach, for Appellee.

MONACO, J.

The appellant, Joe Lee, was convicted of robbery with a firearm and aggravated battery with a firearm, and sentenced on each count in accordance with the 10-20-Life statute. He argues that the trial court used an incorrect standard in ruling on his motion for a new trial founded on his claim that the principal testimony against him at trial was fatally inconsistent. Because there is merit to Mr. Lee's argument...

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