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STATE v. JONES

No. 76-750.

365 So.2d 226 (1978)

The STATE of Florida, Appellant, v. William JONES, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 1978.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Karen Gottlieb, Asst. Public Defender, for appellee.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This appeal is by the State of Florida from an order of the trial court dismissing a second degree murder charge against the appellee. The basis for the charge was the killing of a person who was involved with the appellee in a robbery. The statute involved is Section 782.04, Florida Statutes (1975), providing as follows:

"When a person is killed in the perpetration of, or in the attempt to perpetrate, any arson, involuntary sexual battery, robbery...

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