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STATE v. McQUAY

No. 80-2010.

403 So.2d 566 (1981)

The STATE of Florida, Appellant, v. James McQUAY, Alfred Cunningham, Michael Shipman, Antonio Allen a/k/a Torrence Allen and Richard Allen Bowe, Appellees.

District Court of Appeal of Florida, Third District.

September 8, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Alan T. Lipson, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, Eugene F. Zenobi, Miami, for appellees.

Before BARKDULL, SCHWARTZ and FERGUSON, JJ.

BARKDULL, Judge.

The State appeals from an order granting the sworn motions to dismiss of the defendants, James McQuay, Alfred Cunningham, Michael Shipman, Antonio Allen, and Richard Bowe.

At about 5:00 A.M. on July 17, 1980, the victim, Deborah Carter (a Dade County school bus driver), was driving her bus northbound on N.W. 22nd Avenue, Miami, when she exited her bus to remove certain obstructions in the street. At this time, approximately ten males (including...

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