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STATE v. RODRIGUEZ

No. 81-390.

402 So.2d 86 (1981)

The STATE of Florida, Appellant, v. Oscar RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Third District.

August 18, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellee.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.

NESBITT, Judge.

While committing a burglary, the defendant stole a loaded handgun. He was informed against for armed burglary of a structure which is prohibited by Section 810.02(2)(b), Florida Statutes (1979). The defendant filed an amended sworn motion to dismiss the information as authorized by Florida Rule of Criminal Procedure 3.190(c)(4). The defendant's motion admitted the circumstances surrounding his acquisition of the handgun. The state demurred as permitted...

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