STATE v. LUCAS

No. 88-1820.

570 So.2d 952 (1990)

The STATE of Florida, Appellant, v. Dean Kevin LUCAS, Martin Geller, Leslee Schwinger Geller, Daniel Patrick Lynch, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing December 4, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Michael J. Neimand, Michele L. Crawford and Michael Lieman, Asst. Attys. Gen., Janet Reno, State Atty., Richard L. Shiffrin and Russell R. Killinger, III, Asst. State Attys., for appellant.

Bennett H. Brummer, Public Defender, Valerie Jones, Thomas G. Murray, Asst. Public Defenders, Bronis & Portela and Stephen J. Bronis, Miami, Dennis Urbano, Paul Morris, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


HUBBART, Judge.

This is an appeal by the State of Florida from a trial court order dismissing two counts of an indictment charging four defendants with violation and conspiracy to violate the Florida RICO Act. Because the information fails to allege an essential element of the charged RICO Act violations, namely, "a pattern of criminal activity" due to the lack of continuity in the racketeering conduct alleged, we affirm the trial court's dismissal of the RICO charges...

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