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STATE v. COUNCE

Nos. 79-2227, 80-282.

392 So.2d 1029 (1981)

STATE of Florida, Appellant, v. David Michael COUNCE, Appellee.

District Court of Appeal of Florida, Fourth District.

January 28, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellee.

DOWNEY, Judge.

These are consolidated appeals by the State from (1) an order dismissing one count (attempted arson) of a three-count Information filed against Counce (Case No. 79-2227) and (2) an order discharging Counce from custody as to Counts II (extortion) and III (throwing a deadly missile into a building) (Case No. 80-282).

On February 13, 1979, a City of Hallandale police officer investigated a case regarding

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