HUBBART, Judge.
This is an appeal by the state from an order of the trial court dismissing one count of an information in a criminal prosecution. We have jurisdiction to entertain this appeal, § 924.07(1), Fla. Stat. (1977).
The defendant Jose Pajon and a co-defendant [not a party to this appeal] were charged in the first count of a two count information filed before the Circuit Court of the Eleventh Judicial Circuit of Florida, as follows:
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