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STATE v. BETHEA

No. 81-1055.

409 So.2d 1139 (1982)

STATE of Florida, Appellant, v. Clyde BETHEA, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

Larry S. Hersch of Waller & Hersch, Dade City, for appellee.

RYDER, Judge.

The state appeals from the dismissal of its information against Clyde Bethea, alleging the lower court erred in granting appellee Bethea's motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We reverse.

The state charged appellee with carrying a concealed firearm. Appellee's motion to dismiss alleged:

6. That the officer walked up to the side of the truck with the door open. That upon approaching the truck,...

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