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SIMMONS v. STATE

No. 88-1852.

551 So.2d 607 (1989)

Hildagarde SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 9, 1989.

Attorney(s) appearing for the Case

A.A. McClanahan, Jr., Sanford, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The defendant appeals an order withholding adjudication of guilt and placing her on probation, entered pursuant to a plea of nolo contendere, for robbery, section 812.13, Florida Statutes, claiming error in the denial of her motion to dismiss1 the information.

The undisputed facts are that the defendant hid certain merchandise on her person and left a department store without paying for such merchandise. The defendant...

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