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STATE v. FULLER

No. 84-868.

463 So.2d 1252 (1985)

STATE of Florida, Appellant, v. Clarence FULLER, Appellee.

District Court of Appeal of Florida, Fifth District.

February 21, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellant.

Linda Gloeckner of Edward R. Kirkland, P.A., Orlando, for appellee.

SHARP, Judge.

The state appeals the trial court's dismissal of count one of an information which charged Fuller with carrying a concealed weapon.1 We find that the trial court erred in granting Fuller's motion to dismiss pursuant to Rule 3.190(c)(4) of the Florida Rules of Criminal Procedure, and we reverse.

Appellee was injured in an automobile accident on November 25, 1983. As he lay unconscious on the ground, his sister's girlfriend...

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