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STATE v. GAYETY THEATRES, INC.

No. 87-720.

521 So.2d 231 (1988)

The STATE of Florida, Appellant, v. GAYETY THEATRES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for appellant.

David M. Shenkman, Coral Gables, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

The state appeals an order dismissing an information which charged the defendant with a felony obscenity offense, pursuant to section 847.011(1)(a), Florida Statutes (Supp. 1986). The trial court dismissed the information for want of subject matter jurisdiction, and we affirm.

Upon the state's filing of felony charges for violation of section 847.011 (obscenity statute), Gayety Theatres filed a motion to dismiss. The court granted the dismissal...

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