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STATE v. HAYES

No. 75-1034.

333 So.2d 51 (1976)

STATE of Florida, Appellant, v. Primus HAYES, Appellee.

District Court of Appeal of Florida, Fourth District.

June 11, 1976.

Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., and Gerald A. McGill, Asst. State's Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and James R. Merola, Special Asst. Public Defender, West Palm Beach, for appellee.

WALDEN, Chief Judge.

A two count information was filed against defendant charging him with (1) breaking and entering with intent to commit petty larceny, and (2) petty larceny.

Defendant moved to dismiss the Information under Rule 3.190(c)(4), F.R.Cr.P. The stipulated facts were:

"1. The home of Thomas Wright located at 1601 N.E. 1st Court, Boynton Beach, Florida, was broken into and property was taken on or about October 28, 1974. "2. During...

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