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STATE v. BORREGO

No. 83-867.

445 So.2d 666 (1984)

The STATE of Florida, Appellant, v. Rene BORREGO, Appellee.

District Court of Appeal of Florida, Third District.

February 21, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellant.

Gelber, Glass, Durant, Canal, Pineiro & Greene and Joseph Durant, Miami, for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

JORGENSON, Judge.

This is an appeal by the state from an order of the trial court granting Rene Borrego's motion to dismiss based upon a bad faith prosecution. We have jurisdiction. See Fla.R.App.P. 9.140(c)(1)(A). For the reasons which follow we reverse.

In its order of dismissal the trial court made extensive findings as follows:

1. The Defendant, RENE BORREGO, up until December 12, 1982, had been employed for nine and one-half years as a...

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