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STATE v. EPPS

No. 91-1195.

592 So.2d 1233 (1992)

STATE of Florida, Appellant, v. Jonah Lee EPPS, Appellee.

District Court of Appeal of Florida, Fifth District.

January 31, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellee.

DAUKSCH, Judge.

This is an appeal from an order granting a motion to dismiss in a criminal case. Fla.R.Crim.P. 3.190(c)(4).

Appellee was charged with three counts of robbery with a firearm and one count of kidnapping. At a court appearance appellee and appellant agreed to a negotiated plea of nolo contendere to one count of robbery with a firearm. The court sanctioned the plea agreement and then said

While you were out I talked to your attorney, and...

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