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STATE v. HARVEY

No. 81-317.

403 So.2d 630 (1981)

STATE of Florida, Appellant, v. Ransey R. HARVEY, Appellee.

District Court of Appeal of Florida, Second District.

September 18, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender, and William G. Sestak, Asst. Public Defender, Dade City, for appellee.

HOBSON, Judge.

Appellee was charged by a two-count information with I) attempted burglary of a conveyance pursuant to sections 810.02 and 777.04, Florida Statutes (1979), and II) possession of burglary tools. Appellee filed a Rule 3.190(c)(4) motion to dismiss Count I, attempted burglary of a conveyance. The State did not traverse the factual allegations contained in the motion and the trial court dismissed Court I.

Subsequently, appellee filed another Rule...

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