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BIEDERMAN v. STATE

No. 80-819.

392 So.2d 982 (1981)

Norman BIEDERMAN and David Tupper, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 11, 1981.

Attorney(s) appearing for the Case

Harlan Street and William S. Isenberg of Law Offices of Harlan Street, P.A., North Miami, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Ondina Felipe, Asst. Atty. Gen., West Palm Beach, for appellee.

BERANEK, Judge.

Norman Biederman and David Tupper appeal from their respective judgments and sentences, contending the trial court erroneously denied their motions to dismiss an indictment. We agree and reverse.

Biederman, indicted for two violations of Section 812.021(1)(b), Florida Statutes (1977), the grand larceny statute, moved to dismiss counts I and II1 on grounds that the indictment was so vague and indistinct as to mislead...

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