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STATE v. DRUMWRIGHT

No. 78-609.

367 So.2d 256 (1979)

STATE of Florida, Appellant, v. Willie James DRUMWRIGHT, Douglas Edward Schuler, and Huey Lee Williams, Appellees.

District Court of Appeal of Florida, Fourth District.

February 7, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Kenneth G. Spillias, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellees.

PER CURIAM.

Appellees were charged with attempted burglary of a structure in violation of Section 810.02 and Section 777.04(4)(c), Florida Statutes (1977). Upon appellees' motions the trial court dismissed the information for lack of jurisdiction, relying upon our case of Bownes v. State, 345 So.2d 787 (Fla. 4th DCA 1977) and the State has appealed.

The trial judge considered the information charged a felony, but...

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