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STATE v. SPENCER

No. 83-2064.

443 So.2d 1086 (1984)

The STATE of Florida, Appellant, v. Jules SPENCER, Appellee.

District Court of Appeal of Florida, Third District.

January 24, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Penny H. Brill, Asst. Atty. Gen., for appellant.

Gregory A. Prebish, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

PER CURIAM.

The order dismissing the information in this cause is reversed and the cause is remanded to the trial court for further proceedings. The sole basis for the dismissal of the information herein was that the defendant Jules Spencer had been unlawfully arrested by the police without probable cause. Even if this be true, and we express no opinion thereon, the law is well-settled that an indictment or information may not be dismissed by a trial court on the...

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