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STATE v. REEVES

No. 82-962.

444 So.2d 20 (1983)

STATE of Florida, Appellant, v. Scott P. REEVES, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 20, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Theda James Davis and Katherine Blanco, Asst. Attys. Gen., Tampa, for appellant.

Davis G. Anderson, Jr., Tampa, for appellee.

HOBSON, Acting Chief Judge.

The state appeals an order granting Scott Reeves' motion to dismiss an information with prejudice. The motion was granted on the apparent ground that, due to improper action on the state's part, a confidential informant-eyewitness who participated in the alleged crime is choosing to invoke the Fifth Amendment privilege against self-incrimination rather than testify in the case. We reverse and remand.

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