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STATE v. NEWS-PRESS PUB. CO.

No. 75-1815.

338 So.2d 1313 (1976)

STATE of Florida, Appellant, v. NEWS-PRESS PUBLISHING COMPANY, a/k/a Fort Myers News-Press, a Gannett Newspaper, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 1, 1976.

Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State Atty., Louis S. St. Laurent, Chief Asst. State Atty., and James R. Thompson, Asst. State Atty., Fort Myers, for appellant.

Theodore Klein, Fine, Jacobson, Block, Goldberg & Semet, P.A., and Dan Paul, Paul & Thomson, Miami, for appellee.

GRIMES, Judge.

The state appeals an order dismissing an indictment charging the Fort Myers News-Press with tampering with physical evidence by destroying certain tape recordings of conversations for the purpose of impairing their availability in an investigation into the death of James O'Neill by the Lee County Sheriff's Department. The statute which the News-Press was charged with violating reads as follows:

"918.13 Tampering with or fabricating physical...

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