State v. Pitts

400 So.2d 549 (1981)

The STATE of Florida, Appellant,

v.

Eugene PITTS, Appellee.

No. 79-2353.

District Court of Appeal of Florida, Third District.

June 30, 1981.

Rehearing Denied July 23, 1981.

Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty. for appellant.

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellee.

Before HENDRY, NESBITT and SCHWARTZ, JJ.

NESBITT, Judge.

The state appeals an order arresting defendant's judgment of conviction as authorized by Florida Rule of Appellate Procedure 9.140(c)(1)(D). We reverse.

The defendant was charged in a…