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STATE v. PASSIFUME

No. 81-1412.

420 So.2d 406 (1982)

STATE of Florida, Appellant, v. Michael Jerome PASSIFUME, Appellee.

District Court of Appeal of Florida, Fourth District.

October 13, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Sharon B. Jacobs, of Simon, Schindler & Hurst, P.A., Miami, for appellee.

PER CURIAM.

AFFIRMED.

HURLEY and DELL, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge, concurring specially:

This is an appeal by the state from an order of dismissal entered by the court when the state appeared at trial unprepared to prosecute. I agree that the trial court acted within its discretion in dismissing the action for failure of the state to prosecute...

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