STATE v. HANSEN

No. WW-366.

404 So.2d 199 (1981)

STATE of Florida, Appellant, v. Erling Knud Ove HANSEN, Jr., Appellee.

District Court of Appeal of Florida, First District.

October 6, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., for appellant.

Michael J. Minerva, Public Defender, Lynn A. Thompson, Asst. Public Defender and Baya Harrison, III of Fuller, Johnson & Harrison, Tallahassee, for appellee.


WENTWORTH, Judge.

The state appeals the dismissal of one count in an indictment that had charged Hansen with a capital-felony violation of section 794.011(2), Florida Statutes. The judge determined the foregoing statute was ambiguous when compared with section 794.011(3), and he resolved this perceived ambiguity in favor of the defendant by dismissing the count. We find no fatal ambiguity in these subsections, so we reverse.

The pertinent parts of section...

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