STATE v. RIOS

Nos. 80-186, 80-209.

409 So.2d 241 (1982)

The STATE of Florida, Appellant, v. Ignacio RIOS and Felipe Ruiz, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 29, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Theda R. James, Asst. Atty. Gen., for appellant.

Nathaniel L. Barone, Jr., Miami, for appellees.

Before HUBBART, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


HUBBART, Chief Judge.

The central issue presented for review is whether an information charging a defendant with trafficking or endeavoring to traffic in stolen property in violation of Section 812.019(1), Florida Statutes (1979), is subject to dismissal upon a sworn motion under Fla.R.Crim.P. 3.190(c)(4), which states one undisputed fact, namely, that the property forming the subject matter of the information was not in fact stolen property, but belonged to a municipal...

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