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STATE v. JOHNSON

No. 80-1903.

398 So.2d 500 (1981)

The STATE of Florida, Appellant, v. Samuel JOHNSON, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Theda R. James, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Stuart Gitlitz, Special Asst. Public Defender, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

PER CURIAM.

The state appeals from an order of the trial court dismissing an information filed against the defendant which charged him with false imprisonment in violation of section 787.02, Florida Statutes (1979). We have jurisdiction to entertain this appeal. § 924.07(1), Fla. Stat. (1979).

The defendant filed a motion to dismiss the information pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), alleging that the material facts pertaining...

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