STATE v. SHEPPARD

No. 80-1414.

401 So.2d 944 (1981)

STATE of Florida, Appellant, v. George Wayne SHEPPARD, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and James Dickson Crock, Asst. Atty. Gen., Daytona Beach, for appellant.

Andrew A. Graham of Reinman, Harrell, Silberhorn, Moule & Boyd, P.A., Melbourne, for appellee.


COBB, Judge.

The appellee, George Wayne Sheppard, was charged with vehicular homicide in connection with an automobile-motorcycle accident. He moved to have the information against him dismissed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The trial court granted the motion, and the state appeals. We reverse.

At the time of the accident, both Sheppard and the decedent-motorcyclist were traveling eastbound...

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