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STATE v. TOMBLIN

No. 80-241.

400 So.2d 1012 (1981)

STATE of Florida, Appellant, v. Leonard James TOMBLIN, Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief Asst. Appellate Division, Asst. Public Defender, Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant was charged with first degree arson under section 806.01(1)(b), Florida Statutes (1979).1 The trial court granted a motion to dismiss the information under Florida Rule of Criminal Procedure 3.190(c)(4), and the State appeals.2 We reverse.

The record indicates that while confined to the Orange County Jail, appellee removed his jail issue clothes, placed them in a pile on the...

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