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STATE v. WIMBERLY

No. 84-1009.

459 So.2d 456 (1984)

STATE of Florida, Petitioner, v. Wondle Wayne WIMBERLY, Respondent.

District Court of Appeal of Florida, Fifth District.

November 23, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for petitioner.

Howard H. Babb, Jr., Public Defender, and Patricia C. Jenkins, Asst. Public Defender, Ocala, for respondent.

FRANK D. UPCHURCH, Jr., Judge.

Respondent Wondle Wimberly was charged with trespass on property other than a structure or conveyance in violation of section 810.09, Florida Statutes (1981).1 He was convicted in county court and appealed the judgment and sentence to the circuit court. The circuit court reversed the conviction holding that the information failed to allege an essential element of the crime charged. The state has petitioned...

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