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STATE v. BELL

No. 89-2609.

572 So.2d 1004 (1990)

STATE of Florida, Appellant, v. Michael Patrick BELL, Douglas Paul Zuk, Elsoner Jone Georgia, Appellees.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

J. David Bogenschutz of Kay and Bogenschutz, P.A., Fort Lauderdale, for appellee-Michael Patrick Bell.

Kenneth W. Gieseking of Law Offices of Kenneth W. Gieseking, Fort Lauderdale, for appellee-Elsoner Jone Georgia.

ANSTEAD, Judge.

The state challenges the trial court's orders granting appellees' sworn motions to dismiss criminal conspiracy charges. We reverse.

The facts presented in the sworn motions indicate that the appellees, Michael Bell, Douglas Zuk, and Elsoner Georgia, were arrested when a police officer, responding to an official call, spotted the appellees on a condominium roof. Two of the appellees were wearing face masks. The officer called for backup, but...

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