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STATE v. STEWART

No. 2D11-3471.

98 So.3d 655 (2012)

STATE of Florida, Appellant, v. Carolyn STEWART, Appellee.

District Court of Appeal of Florida, Second District.

September 21, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellee.

BLACK, Judge.

The State of Florida appeals the sentence imposed after the postconviction court granted Carolyn Stewart's motion to modify sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We have jurisdiction. § 924.07(1)(e), Fla. Stat. (2011).

After a jury trial, Stewart was convicted of poisoning food and water in violation of section 859.01, Florida Statutes (2004), and battery in violation of section 784.03, Florida Statutes...

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