PER CURIAM.
AFFIRMED.
GLICKSTEIN, C.J., and DELL J., concur.
STONE, J., dissents with opinion.
STONE, Judge, dissenting.
I would reverse. In my judgment the state's motion to strike the appellee's sworn motion to dismiss should, at a minimum, be treated as a demurrer. The circumstances alleged in appellee's motion, if unsupported by additional evidence at trial, might arguably entitle appellee to a judgment of acquittal, but not a pretrial...
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