STATE v. HYSELL

No. 89-2523.

569 So.2d 866 (1990)

STATE of Florida, Appellant, v. Kelly Richard HYSELL, Appellee.

District Court of Appeal of Florida, Fifth District.

November 8, 1990.


Attorney(s) appearing for the Case

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

Mark E. NeJame of NeJame & Hyman, P.A., Orlando, for appellee.


HARRIS, Judge.

The State appeals the dismissal of one count of its information. We affirm.

Appellee, Kelly Richard Hysell, was charged with burglary, credit card fraud and petit theft. He is alleged to have obtained a Sun Bank ATM card belonging to another and used it to make unauthorized withdrawals from the 24-hour automatic teller. The court granted the appellee's (c)(4) motion to dismiss the burglary charge, holding that the unauthorized withdrawal from...

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