STATE v. BALLONE

No. 81-644.

422 So.2d 900 (1982)

STATE of Florida, Appellant, v. Fred BALLONE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 19, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellant.

Charles G. Brackins of Meldon & Brackins, Gainesville, for appellee.


HOBSON, Acting Chief Judge.

The State appeals an order granting Fred Ballone's motion to dismiss an information. We reverse.

A trial judge issued a warrant for appellee's arrest for the commission of a felony after determining at a nonadversary hearing that probable cause existed for his arrest. He based his determination on allegations contained within an affidavit submitted by a county sheriff's department detective. The State arrested appellee pursuant...

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