STATE v. GRAHAM

No. 85-2958.

492 So.2d 443 (1986)

STATE of Florida, Appellant, v. Charles James GRAHAM, Appellee.

District Court of Appeal of Florida, Second District.

August 1, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.


SANDERLIN, Judge.

The state appeals a trial court order which granted the defendant's motion to dismiss an information charging him with escape or attempted escape. We reverse.

After reviewing the record, we find that there is a material issue of fact on whether defendant attempted to escape or whether defendant abandoned his attempt. See §§ 944.40, 777.04(1), and 777.04(5)(a), Fla. Stat. (1983). See also State v. Boom,

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