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BOZEMAN v. STATE

Nos. 53569, 53570.

371 So.2d 84 (1979)

Jerome BOZEMAN, Appellant, v. STATE of Florida, Appellee. James Johnson, Appellant, v. State of Florida, Appellee.

Supreme Court of Florida.

May 3, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, Miami, for appellants.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

The order of the trial court denying the motion to dismiss is affirmed. See State v. Allen, 362 So.2d 10 (Fla. 1978); State v. Belgrave, 364 So.2d 1225 (Fla. 1978). In so ruling, however, the trial judge erroneously concluded that the theft statute does not require proof of scienter for a conviction and thus precluded appellants from offering evidence tending to negate...

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