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STATE v. MARLOW

No. 86-359.

501 So.2d 136 (1987)

STATE of Florida, Appellant, v. David MARLOW, Appellee.

District Court of Appeal of Florida, Second District.

January 23, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals the trial court's order dismissing the information in which the defendant, David Marlow, was charged with perjury in violation of section 837.02, Florida Statutes (1983). We reverse.

Pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), Marlow filed a motion to dismiss the information filed against him alleging that:

On July 22, 1984, at about 3:50 a.m., the defendant was arrested in Haines City, Florida for Trespassing...

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