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RICCIARDELLI v. STATE

No. 83-1532.

453 So.2d 199 (1984)

Gary G. RICCIARDELLI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 25, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

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

ANSTEAD, Chief Judge.

This case involves an appeal from a denial of a motion by appellant, Gary G. Ricciardelli, to dismiss pending criminal charges pursuant to Florida Rule of Criminal Procedure 3.213(b) because of his continuing mental incompetency for more than five years. Ordinarily, the denial of a motion to dismiss would not be appealable because the issue could be raised after a disposition of the case on the merits. However, because of the determination that...

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