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STATE v. JOHNSON

No. 79-1750.

382 So.2d 866 (1980)

STATE of Florida, Appellant, v. Robert JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

April 23, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, Bartow and Karal B. Rushing, Asst. Public Defender, St. Petersburg, for appellee.

HOBSON, Acting Chief Judge.

The State of Florida appeals from an order granting Robert Johnson's motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4).

Johnson was charged by information with battery of a law enforcement officer in violation of Section 784.07, Florida Statutes (1978). He filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) on the ground that there exist no material disputed facts and the...

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