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STATE v. HOAG

No. 81-1740.

419 So.2d 416 (1982)

The STATE of Florida, Appellant, v. Allen HOAG and Douglas Cleveland, Appellees.

District Court of Appeal of Florida, Third District.

September 21, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Andrew M. Kassier, Asst. Public Defender, for appellees.

Before NESBITT, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

The State appeals from a trial court order dismissing one count of a three-count information. The dismissed count charges the defendants with unlawful discharge of a destructive device in violation of Section 790.161(3), Florida Statutes (1979).

Considering Section 790.161(3) in its general context1 it is obvious that the legislative purpose2

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