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STATE v. MOORMAN

No. 84-2526.

475 So.2d 312 (1985)

STATE of Florida, Appellant, v. John T. MOORMAN, Appellee.

District Court of Appeal of Florida, Second District.

September 18, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellant.

Bennie Lazzara, Jr., of Bennie Lazzara, Jr., P.A., Tampa, for appellee.

FRANK, Judge.

The state appeals from the lower court's order dismissing the indictment charging the appellee, John T. Moorman, with perjury. We are compelled to affirm the lower court's order. The events giving rise to the indictment disclose that on August 22, 1984, Moorman was subpoenaed to and did testify before a Pasco County grand jury. Two days after his appearance before the grand jury, it found that Moorman had willfully testified falsely in an official proceeding...

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