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STATE v. MARTINEZ

No. 86-862.

502 So.2d 74 (1987)

The STATE of Florida, Appellant, v. Anthony MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Michele L. Crawford, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Henry H. Harnage and Marti Rothenberg, Asst. Public Defenders, for appellee.

Before HUBBART, BASKIN and PEARSON, DANIEL S., JJ.

PER CURIAM.

The final order dismissing the information filed below charging the defendant Anthony Martinez with manslaughter by culpable negligence [§ 782.07, Fla. Stat.(1985)], is affirmed upon a holding that the said information was properly dismissed under Fla.R.Crim.P. 3.190(c)(4). We reach this result for two reasons.

First, the material facts of this case, as stated in the defendant's sworn motion to dismiss, do not constitute a prima facie case...

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