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STATE v. DEGARMO

No. 83-1478.

454 So.2d 600 (1984)

STATE of Florida, Appellant, v. Bertie Eugene DEGARMO, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 22, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellee.

COBB, Judge.

The defendant, Bertie DeGarmo, was indicted for kidnapping and aggravated assault. Because he had previously pled guilty to the aggravated assault charge in a juvenile proceeding, and because the assault and kidnapping arose from the same incident, the trial judge granted DeGarmo's motion to dismiss the kidnapping charge in an order which stated:

ORDERED AND ADJUDGED, this Court finds the defendant, BERTIE EUGENE DEGARMO, entered guilty plea...

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