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CAPPETTA v. STATE

No. 79-1549.

380 So.2d 1303 (1980)

Anthony Walter CAPPETTA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 11, 1980.

Attorney(s) appearing for the Case

A. John Goshgarian, Miami, for appellant.

Jim Smith, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before BARKDULL and BASKIN, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

PER CURIAM.

Defendant, Anthony Cappetta, appeals the denial of his motion to dismiss information as being vague, indefinite and overbroad.

Cappetta was informed against for conspiracy to commit robbery and/or burglary. The information alleged that the conspiracy occurred "between the 1st day of May, 1979 and the 29th day of May, 1979". Subsequently, the prosecution filed a statement of particulars pursuant to Fla.R.Crim.P. 3.140(n) and again stated "the alleged...

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