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STATE v. SHORETTE

No. 80-2095.

404 So.2d 816 (1981)

STATE of Florida, Appellant, v. Keith R. SHORETTE, Appellee.

District Court of Appeal of Florida, Second District.

October 9, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Micheal A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.

CAMPBELL, Judge.

The state appeals from the lower court's dismissal of two counts of aggravated assault charged against appellee, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We affirm the dismissal.

In his motion to dismiss, appellee alleged that he was driving a car with two passengers, one of whom would testify that he had been drinking and was driving in excess of the speed limit. After failing...

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