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STATE v. LITTLE

No. 80-304.

400 So.2d 197 (1981)

STATE of Florida, Appellant, v. Robert L. LITTLE, Appellee.

District Court of Appeal of Florida, Fifth District.

July 1, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty., Gen., Daytona Beach, for appellant.

Raymond E. Cramer, St. Cloud, for appellee.

DAUKSCH, Chief Judge.

We have for consideration before us an order of the trial court declaring

ORDERED AND ADJUDGED that Section 732.663 F.S. [sic]1 does not charge a crime. It mere sets our a penalty for unlawfully poaching. Further, if this Section states a crime the State would have to prove the elements of poaching, that is the trespass and violation of sporting rights. Therefore the Motion to Dismiss is granted.

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