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STATE v. AKERS

No. 78-1486.

367 So.2d 700 (1979)

STATE of Florida, Appellant, v. William AKERS, Appellee.

District Court of Appeal of Florida, Second District.

February 14, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

BOARDMAN, Judge.

The state appeals an order dismissing the escape count of an information filed against appellee William Akers for failure to allege facts sufficient to establish a prima facie case.

Appellee was charged in Count I of a three-count information with escape in violation of Section 944.40, Florida Statutes (1977). Appellee filed an amended motion to dismiss the count against him pursuant to Florida Rules of Criminal Procedure, Rule 3.190(c)(4...

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