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STATE v. AARON

No. 81-458.

409 So.2d 1214 (1982)

The STATE of Florida, Appellant, v. Fred H. AARON, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 1982.

Attorney(s) appearing for the Case

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

Carl L. Masztal, Miami, for appellee.

Before HENDRY and BASKIN, JJ., and LETTS, GAVIN K., Associate Judge.

PER CURIAM.

We reverse the trial court's order dismissing the information. Defendant concedes error in the motion which was sworn to by counsel rather than by defendant. State v. Holder, 400 So.2d 162 (Fla. 3d DCA 1981); State v. Upton, 392 So.2d 1013 (Fla. 5th DCA 1981). The state, recognizing that the question was not presented to the trial court, argues, in addition, that its...

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