STATE v. SCHAFER

No. 79-530.

376 So.2d 927 (1979)

STATE of Florida, Appellant, v. Thomas A. SCHAFER, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 1979.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

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


RYDER, Judge.

The State appeals dismissal of its information for burglary, alleging that the lower court erred in finding that prosecution under the information was barred by a prior order dismissing an identical information for failure to comply with a court discovery order. We agree that the dismissal of the first information did not bar subsequent prosecution, and we accordingly reverse.

On October 17, 1978, the State filed an information charging appellee...

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