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STATE v. WYNN

No. 90-589.

567 So.2d 533 (1990)

STATE of Florida, Appellant, v. Harvey Lawrence WYNN, Appellee.

District Court of Appeal of Florida, Fifth District.

September 27, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

John J. Bonaccorsy, Daytona Beach, for appellee.

ON MOTION TO WITHDRAW NOTICE OF VOLUNTARY DISMISSAL AND TO REINSTATE APPEAL

COBB, Judge.

The state filed a notice of appeal in this case on March 19, 1990, seeking review of a non-final trial court order suppressing evidence, as is permitted by Rule 9.140, Florida Rules of Appellate Procedure. On May 30, 1990, the state filed with this court a "Notice of Voluntary Dismissal" pursuant to Florida Rule of Appellate Procedure 9.350(b). That rule provides:

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