STATE v. LeCROY

No. 82-60.

435 So.2d 354 (1983)

STATE of Florida, Appellant, v. Cleo D. LeCROY and Jon M. LeCroy, Appellees.

District Court of Appeal of Florida, Fourth District.

July 27, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Stewart J. Bellus and Marlyn Altman, Asst. Attys. Gen., West Palm Beach, for appellant.

James L. Eisenberg of Green, Eisenberg & Cohen, West Palm Beach, for appellee — Cleo D. LeCroy.

Michael Dubiner of Dubiner & Blumberg, West Palm Beach, for appellee — Jon M. LeCroy.


HERSEY, Judge.

The state appeals from an order which determined several pretrial motions adversely to the prosecution. Our recitation of facts will be limited to those essential to a review of the pertinent holdings of the trial court.

Appellees were indicted on five counts, three of which are material here.

Counts THREE and FOUR of the indictment, alleging robbery, were dismissed for failure "to allege the essential element of an intent to permanently...

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