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STATE v. HORTON

No. 83-1202.

442 So.2d 408 (1983)

STATE of Florida, Appellant, v. Ralph Edwin HORTON, Appellee.

District Court of Appeal of Florida, Second District.

December 16, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Asst. Atty. Gen., Tampa, for appellant.

John R. Haggitt, Clearwater, for appellee.

OTT, Chief Judge.

Ralph Edwin Horton was charged with false imprisonment. The trial court granted his motion to dismiss and the state appeals. We reverse.

Defendant's motion to dismiss, filed under Florida Rule of Criminal Procedure 3.190(c)(4), contained the following allegations:

1) The material facts of this case are undisputed and are as follows: a) The "victim", an employee of U.P.S., made a delivery to the Defendant's motel sometime...

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