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STATE v. BARBUTO

No. 89-02429.

571 So.2d 484 (1990)

STATE of Florida, Appellant, v. Robert J. BARBUTO, Appellee.

District Court of Appeal of Florida, Second District.

August 29, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellee.

SCHOONOVER, Chief Judge.

The State of Florida challenges a trial court order dismissing three perjury charges filed against the appellee, Robert J. Barbuto. We reverse.

The state filed an information charging the appellee with one count of perjury by inconsistent statements in violation of section 837.021, Florida Statutes (1987), and two counts of perjury in an official proceeding in violation of section 837.02, Florida Statutes (1987). The appellee filed...

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