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STATE v. SPEARMAN

No. 78-520.

366 So.2d 775 (1978)

STATE of Florida, Appellant, v. David F. SPEARMAN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 26, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Edward D. Foreman, St. Petersburg, for appellee.

BOARDMAN, Judge.

Appellee/defendant David F. Spearman was charged by information with burglary. He filed a motion to dismiss pursuant to Rule 3.190(c)(4) of the Florida Rules of Criminal Procedure. The relevant, undisputed facts are as follows. Appellee knocked on the front door of the residence of Sam Dunson. Dunson opened the door, and appellee struck Dunson in the forehead. Appellee's hand and arm entered the residence when he struck Dunson.

After a hearing...

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