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STATE v. FORT

No. 78-2100/T4-223.

380 So.2d 534 (1980)

STATE of Florida, Appellant, v. Jack E. FORT, Appellee.

District Court of Appeal of Florida, Fifth District.

February 27, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Kenneth G. Spillias, Asst. Atty. Gen., West Palm Beach, and Phillip Havens, Asst. Atty. Gen., Daytona Beach, for appellant.

C.A. Van Hook, III, Deland, for appellee.

COBB, Judge.

The state appeals an order dismissing an Information charging appellee, the defendant Fort, with second degree grand theft of a heater. Fla.R.App.P. 9.140(c)(1)(A). The dismissal was based on a motion by the defense, filed pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, which was traversed by the state.

Fort's motion alleged that the state had no evidence establishing ownership of...

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