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STATE v. LEONARD

No. 78-2172.

376 So.2d 427 (1979)

STATE of Florida, Appellant, v. Alan Mark LEONARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Theda James, Asst. State's Atty., for appellant.

Norman Francis Haft, Miami, for appellee.

Before HAVERFIELD, C.J., and BARKDULL and KEHOE, JJ.

HAVERFIELD, Chief Judge.

The State of Florida appeals those portions of an order on pretrial motions (a) dismissing the second degree felony murder charge against the defendant, Alan Leonard, and (b) suppressing certain taped recorded conversations between Leonard and a confidential informant.

The facts which give rise to the felony murder charge are as follows:

Defendant Leonard and his co-felons were in the process of robbing a restaurant when their...

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