STATE v. HERMAN

No. 84-1029.

466 So.2d 435 (1985)

STATE of Florida, Appellant, v. Larry HERMAN, Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

James K. Freeland, Orlando, for appellee.


SHARP, Judge.

The state appeals from an order granting Herman's motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The trial court granted the motion because it found that section 559.801, Florida Statutes (1983) does not apply to the type of transaction charged in the information. We reverse.

The sole issue in this case is the construction of section 559.801. Herman was charged with the...

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