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STATE v. LAMBERT

No. 83-1244.

445 So.2d 1106 (1984)

STATE of Florida, Appellant, v. Donald David LAMBERT, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 21, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellant.

Bernard Berman of Bernard Berman, P.A., Fort Lauderdale, for appellee.

DELL, Judge.

The State appeals from an order granting appellee's sworn motion to dismiss.

The state attorney's office filed an information charging appellee and Anthony Charles Shust with burglary of a conveyance. Appellee subsequently filed a sworn motion to dismiss on the grounds that no dispute existed as to the material facts and that the undisputed facts did not establish a prima facie case. The State filed...

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