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STATE v. ZAWISTOWSKI

No. CC-392.

339 So.2d 315 (1976)

STATE of Florida, Appellant, v. Glenn Louis ZAWISTOWSKI, Appellee.

District Court of Appeal of Florida, First District.

November 24, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellant.

William J. Sheppard of Sheppard, Fletcher, Hand & Adams, Jacksonville, for appellee.

SMITH, Judge.

The State appeals from an order entered by the Duval County circuit court pursuant to § 901.33, F.S. 1975, directing the sheriff, other law enforcement agencies and the county clerk to expunge the record of appellee's arrest on August 25, 1972. The State contends appellee does not qualify for the statutory benefit of expungement.

The statute provides in part:

"If a person who has never...

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