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STATE v. DUQUE

No. 84-1490.

472 So.2d 758 (1985)

STATE of Florida, Appellant, v. Excilia DUQUE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 19, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.

Thomas E. Cunningham, Jr., Thomas E. Cunningham, Jr., P.A., Tampa, for appellee.

CAMPBELL, Judge.

Appellant, the State of Florida, appeals the trial court's order granting the motion to dismiss filed by appellee, Excilia Duque, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The information dismissed by the trial court charged appellee with solicitation to commit the murder of her former husband, Louis Angel Duque, in violation of section 777.04(2), Florida Statutes (1982). We reverse.

Louis Angel Duque was murdered on September...

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