BROWN v. STATE

No. 81-1056.

414 So.2d 15 (1982)

Joseph David BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1982.


Attorney(s) appearing for the Case

W.C. Airth, Jr., of Fowler, Williams & Airth, P.A., Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

This is an appeal from a final determination in a criminal case following the denial of a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4).

Appellant, while in a department store where he had a charge account, gathered up several items of merchandise. He concealed one item (a travel kit valued at $25) on himself and removed the price tags on all of the other items except one, a pair of pajamas. He then approached a sales...

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