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STATE v. BROOKS

No. CC-347.

348 So.2d 417 (1977)

STATE of Florida, Appellant, v. Erroll BROOKS, Appellee.

District Court of Appeal of Florida, First District.

July 29, 1977.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Charles W. Musgrove, Asst. Atty. Gen., for appellant.

Michael J. Minerva, Public Defender, Michael M. Corin, Margaret Good, Asst. Public Defenders, for appellee.

MILLS, Judge.

The State filed an information charging Brooks with intentionally receiving, retaining, disposing of or aiding in the concealment of described stolen personal property contrary to Section 812.031(1), Florida Statutes (1975). Brooks moved to dismiss the information on the ground that he stole the property, therefore, he could not be convicted of receiving the same property he stole. The trial court granted the motion and dismissed the information. The...

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