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STATE v. GOMEZ

No. 82-279.

419 So.2d 422 (1982)

The STATE of Florida, Appellant, v. Noemi G. GOMEZ, Appellee.

District Court of Appeal of Florida, Third District.

September 21, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Diane Zimmer Leeds, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.

PER CURIAM.

We find no abuse of the trial court's discretion in dismissing the information with prejudice because, as it found, the state's inexcusably tardy and inadequate compliance with an order requiring a bill of particulars had adversely affected the defendant's ability to prepare for trial. See and compare, Leeman v. State, 357 So.2d 703 (Fla. 1978) (trial court found no prejudice in non-compliance with order).

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