STATE v. GRIMMAGE

No. 87-2259.

522 So.2d 523 (1988)

STATE of Florida, Appellant, v. Randy Leon GRIMMAGE, Appellee.

District Court of Appeal of Florida, Second District.

March 23, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellee.


FRANK, Judge.

The appellee, Grimmage, was charged with burglary of a dwelling, grand theft and, subsequently, with felonious possession of a firearm. He pleaded not guilty and moved to dismiss both cases; the state demurred. Following a hearing the trial court granted the motion to dismiss. We reverse.

In his motion to dismiss Grimmage admitted that he sold a gun to a pawn shop five days after the gun had been reported stolen from a home located .15 miles...

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