ROBERT P. SMITH, Jr., Chief Judge.
Wells appeals from his conviction of theft, section 812.014, Florida Statutes (1980 Supp.), entered on a plea of nolo contendere reserving the right to appeal the court's denial of Wells' pre-trial motion to dismiss on the ground there were no material disputed facts and the undisputed facts did not establish a prima facie case. Fla.R. Cr.P. 3.190(c)(4). Wells' motion set up facts tending to support his discharge on the theory that...
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