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STATE v. BROWN

No. 80-1984.

404 So.2d 805 (1981)

STATE of Florida, Appellant, v. James BROWN, Appellee.

District Court of Appeal of Florida, Second District.

October 7, 1981.

Attorney(s) appearing for the Case

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

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellee.

SCHEB, Chief Judge.

The state challenges the trial court's dismissal of charges against appellee, James Brown, on the ground that he had twice been placed in jeopardy for the same offense.

The state charged appellee with aggravated assault and attempted sexual battery with a deadly weapon. The information and bill of particulars alleged that the two offenses occurred on or between December 26 and 27, 1979. However, the proof at trial established that the offenses...

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