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STATE v. WARDLOW

No. 78-1511.

366 So.2d 508 (1979)

STATE of Florida, Appellant, v. Johnny WARDLOW, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

OTT, Judge.

The state filed an information charging appellee, Johnny Wardlow, with a felony violation of § 409.325, Fla. Stat. (1977) which prohibits food stamp fraud. Appellee filed a motion to dismiss the information and the trial court granted the motion.1 We reverse.

Section 409.325 provides that if a person fraudulently seeks or receives less than $200 worth of food stamps in a one year period, he is guilty of a misdemeanor...

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