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STATE v. BARO

No. 82-2654.

435 So.2d 408 (1983)

STATE of Florida, Appellant, v. Hector BARO, Appellee.

District Court of Appeal of Florida, Fourth District.

August 3, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.

PER CURIAM.

Reversed. We believe the appellee's motion to dismiss and the state's traverse thereto raise an issue of material fact as to appellee's participation in the burglary that formed the basis of the charges against the appellee. Cf. State v. Davis, 243 So.2d 587 (Fla. 1971).

ANSTEAD, C.J., and HURLEY and DELL...

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