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STATE v. SMULOWITZ

No. 84-1176.

482 So.2d 1388 (1986)

The STATE of Florida, Appellant, v. Marlow K. SMULOWITZ, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellant.

Robert Hall Martin, Miami, for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

ON REHEARING

PER CURIAM.

We grant the defendant's motion for rehearing, vacate our prior opinion filed in this cause on July 23, 1985, and affirm the order under review. We reach this result for three reasons.

First, we conclude, contrary to our prior opinion herein, that this court has jurisdiction to entertain the state's appeal. The order appealed from dismisses the crime charged in the information filed below — second degree murder —...

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