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STATE v. FIELDS

No. 80-375.

390 So.2d 128 (1980)

STATE of Florida, Appellant, v. Robert L. FIELDS, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.

HURLEY, Judge.

The state appeals from a trial court's order arresting judgment on defendant's conviction for violation of Section 810.02(1), (3), Florida Statutes (1979). A jury found the defendant guilty of burglary. Though he had not filed a motion to dismiss, defendant moved for arrest of judgment on the ground that the amended information was fatally defective. The trial court granted the motion, finding that the amended information "did not allege the crime of...

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