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SHARMARKCO EVANS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-75

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 SHARMARKCO EVANS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-75 [December 29, 2010] On Motion for Rehearing PER CURIAM. The defendant has filed a motion for rehearing. He argues this court may have overlooked two remaining issues raised in his initial brief concerning the motion for judgment of acquittal and the defendant?s enhanced sentence. This court has considered those issues and finds them moot in light of our reversal and remand for a new trial where those issues can be addressed first by the trial court. We therefore deny the motion for rehearing. FARMER, MAY and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St...continue to full post

Full post as published by Florida Criminal Law Opinions on December 29, 2010 (boomark / email).