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STATE v. UMBRECHT

No. 78-553.

371 So.2d 1109 (1979)

STATE of Florida, Appellant, v. Frank Alfred UMBRECHT, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Martin Lemlich, Miami, for appellee.

BERANEK, Judge.

This is an appeal by the State of an order dismissing an information. The defendant was not in custody at the time an information against him was filed. Defendant was arrested more than twenty-one days after the filing of the information. Defendant requested an adversary preliminary hearing pursuant to Fla.R.Crim.P. 3.131(b)(1). At this hearing, the State declined to present evidence and the trial court dismissed the information. We reverse. Fla.R...

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