STATE v. UPTON

No. 79-265.

392 So.2d 1013 (1981)

STATE of Florida, Appellant, v. George Louis UPTON, Appellee.

District Court of Appeal of Florida, Fifth District.

January 28, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellee.


ORFINGER, Judge.

The State appeals1 the dismissal of an information pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. We reverse.

The appellee and a co-defendant had been charged with burglary of a structure and grand theft. The trial court dismissed the information because it concluded from the motion that the State's case was circumstantial and did not exclude every reasonable hypothesis of innocence. The State...

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