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STATE v. SMITH

No. 90-01882.

575 So.2d 314 (1991)

STATE of Florida, Appellant, v. Harold W. SMITH and Matthew S. Bandler, Appellees.

District Court of Appeal of Florida, Second District.

March 1, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellant.

Kenton H. Haymans, Farr, Farr, Haymans, Emerich, Sifrit & Hackett, P.A., Punta Gorda, for appellee Harold W. Smith.

Harry M. Rapkin, Cheves, Rapkin & DeCiantis, P.A., Venice, for appellee Matthew S. Bandler.

ALTENBERND, Judge.

The state appeals an order dismissing the informations against Harold W. Smith and Matthew S. Bandler due to entrapment. We reverse the order because it was granted on the basis of unsworn motions to dismiss, and testimony contained in discovery depositions.

On February 9, 1990, the state charged the defendants with dealing in stolen property. § 812.019(1), Fla. Stat. (1989). The charges arose out of an undercover operation in which...

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