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STATE v. HORNE

Nos. 80-1527, 80-1976.

399 So.2d 49 (1981)

The STATE of Florida, Appellant, v. Anthony HORNE, Appellee. The STATE of Florida, Appellant, v. Johnny YOUNG, Appellee.

District Court of Appeal of Florida, Third District.

May 20, 1981.

Attorney(s) appearing for the Case

Janet Reno, State Atty. and Ira N. Loewy, Asst. State Atty., for the State in Case No. 80-1527.

Brown, Huysman & Matthews and Michael J. Wrubel, Miami, for Anthony Horne.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for the State in Case No. 80-1976.

James P. Ryan, North Miami, for Johnny Young.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.

PER CURIAM.

These cases, which we dispose of in a single opinion, are state appeals of orders dismissing criminal informations upon the granting of sworn motions filed under Fla. R.Crim.P. 3.190(c)(4). Egregious error has been presented and both orders are reversed.

In each case,1 the record before us clearly shows both (a) that the sworn motion did not itself demonstrate that "the undisputed facts do not establish a prima...

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