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STATE v. DOPSON

No. 75-164.

323 So.2d 644 (1975)

STATE of Florida, Appellant, v. Jeffrey DOPSON and Dalton Win Stucky, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 13, 1976.

Attorney(s) appearing for the Case

William R. Sharpe and Gregory M. Wilson, Asst. State's Attys., Orlando, for appellant.

Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellee.

Terrence William Ackert, Altamonte Springs, for appellee-Dalton Win Stucky.

DOWNEY, Judge.

Appellees were charged with armed breaking and entering with intent to commit a felony in violation of § 810.01(1), F.S. 1973. A motion to dismiss the information pursuant to Rule 3.190(c)(4), RCrP was sustained and this appeal ensued.

The parties have stipulated to the following pertinent facts. Appellees were observed breaking and entering a residence in Orlando, Florida, during daylight hours. After a short period of time they were observed...

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