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MOBLEY v. STATE

No. 77-1050.

363 So.2d 170 (1978)

Donald MOBLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 11, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Harvey R. Schneider, Asst. Public Defender and Michael Lee, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Basil S. Diamond, Asst. Atty. Gen., and Kenneth G. Spillias, Legal Intern, West Palm Beach, for appellee.

DAUKSCH, Judge.

We have for consideration an Order denying the defendant's motion to dismiss filed under Florida Rule of Criminal Procedure 3.190(c)(4). This rule allows a type of summary judgment in the administration of criminal law by providing, inter alia; "... the court may at any time entertain a motion to dismiss on any of the following grounds:

(1) The defendant is charged with an offense for which he has been pardoned; or (2) The...

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