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STATE v. SUTTON

No. AI-387.

416 So.2d 852 (1982)

STATE of Florida, Appellant, v. Larry Allen SUTTON, Appellee.

District Court of Appeal of Florida, First District.

July 8, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellant.

P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellee.

JOANOS, Judge.

The State appeals an order granting Appellee's motion to dismiss an information as being defective in that the element of knowledge was not alleged. We reverse.

It was alleged in the information that Appellee, an inmate at Florida State Prison, had in his possession or under his control a weapon, specifically a homemade knife. The allegations tracked the language of Section 944.43, Florida Statutes (1979) and Fla. Admin. Code Rule 33-3.06.

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