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STATE v. POWER

No. 78-1865.

369 So.2d 96 (1979)

STATE of Florida, Appellant, v. Thomas POWER, Appellee.

District Court of Appeal of Florida, Second District.

March 23, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

H. Michael Evans, Clearwater, for appellee.

DANAHY, Judge.

Appellant, the State of Florida, contends that the trial court erred in granting the motion to dismiss filed by appellee Thomas Power who was the defendant in the court below. We agree.

After appellee filed his motion to dismiss an information charging him with grand theft in the second degree in violation of Section 812.014(2)(b), Florida Statutes (1977), the state filed a sworn traverse which specifically denied a material portion of the factual...

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