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STATE v. WEIR

No. 85-1091.

488 So.2d 557 (1986)

STATE of Florida, Appellant/Cross-Appellee, v. Kathy Marie WEIR, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 16, 1986.

Attorney(s) appearing for the Case

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

George E. McCarthy, Melbourne, for appellee/cross-appellant.

DAUKSCH, Judge.

This is an appeal from an order dismissing a forgery charge. The trial court ruled "that the forgery provisions of section 831.01, Florida Statutes, as they pertain to the allegations in the Information filed in this case, are and have been superseded by section 817.481, Florida Statutes, and Part II Chapter 817, Florida Statutes." We disagree and reverse.

Appellee is accused of having made, altered, forged or counterfeited a Sears Gasoline...

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