PER CURIAM.
The defendant filed a motion entitled "Motion to Dismiss" by which she sought an order dismissing count two of the charges against her upon the basis that "... the Information in Count II fails to state a crime." At the hearing on this motion, the defendant was allowed to file an affidavit which purported to proceed under Fla.R. Crim.P. 3.190(c)(4). The court then determined the factual basis for defendant's position that the State was estopped to prosecute...
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