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STATE v. FUSSELL

No. 74-1033.

323 So.2d 40 (1975)

STATE of Florida, Appellant, v. Daniel Benjamin FUSSELL, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellant.

Arnold D. Levine and Richard A. Lazzara of Levine, Freedman & Hirsch, Tampa, for appellee.

PER CURIAM.

Appellant, State of Florida, appeals an order dismissing two counts of an amended information. Count II of the amended information charged appellee-defendant, Daniel Benjamin Fussell, with aggravated assault, and count III thereof charged resisting arrest with violence.

Upon consideration of the record and briefs, we determine that the trial court erred in dismissing count II and count III of amended information No. CR 73-2351 on the ground of...

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