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STATE v. WELLS

No. 84-1088.

466 So.2d 291 (1985)

STATE of Florida, Appellant, v. Carl Marion WELLS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 4, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellee.

LEHAN, Judge.

The state appeals from the trial court's order granting defendant's motion to dismiss the information which charged defendant with sexual battery of a child, a violation of section 794.011(2), Florida Statutes (1983). The trial court reasoned that sexual battery of a child is labeled by the legislature as a capital offense and, since article I, section 15(a) of the Florida Constitution provides that no person shall be tried for a capital crime without...

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