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STATE v. LAWLER

No. 79-394/T2-16.

384 So.2d 1290 (1980)

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

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 30, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Jackson O. Brownlee, Asst. State Atty., Inverness, for appellant.

Michael H. Hatfield, Umatilla, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from an order dismissing an information and a criminal case under Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Under this rule an accused may set out the facts of the case against him and plead that the facts do not set out a prima facie case of guilt. The state may either demur or traverse the facts. The trial court, whether the state responds or not, must consider the motion and any response and decide whether...

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