STATE v. H.M. BOWNESS OIL, INC.

No. 87-448.

522 So.2d 73 (1988)

STATE of Florida, Appellant/Cross-Appellee, v. H.M. BOWNESS OIL, INC., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 4, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant/cross-appellee.

James M. Russ, P.A., Orlando, for appellee/cross-appellant Szorcsik.

No appearance for H.M. Bowness Oil, Inc., and Hartle M. Bowness.


COBB, Judge.

The state appeals the dismissal of its 40-count information against the defendant, Robert Louis Szorcsik.1 The gist of the state's case was that Szorcsik failed to remit to the state fuel taxes he collected between October, 1982 and May, 1984.

In framing its information, the state considered each of the 20 months of nonpayment as a separate violation, hence including 20 counts pursuant to section 206.56, Florida Statutes...

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