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STATE v. KEY

No. 82-262.

419 So.2d 412 (1982)

STATE of Florida, Appellant, v. Jerry Wayne KEY, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, Bartow and Bryan E. Hopkins, Asst. Public Defender, Tampa, for appellee.

RYDER, Judge.

The state appeals from the dismissal of its indictment against Jerry Wayne Key for first degree murder, arguing that the lower court erred in finding unconstitutional prosecutorial vindictiveness. We agree that no unconstitutional vindictiveness appears and we reverse.

The state charged appellee by indictment with premeditated murder. Appellee moved to dismiss, alleging that he had earlier been charged by information with second degree murder...

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