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STATE v. FLEMING

Nos. 91-1525, 91-2052.

606 So.2d 1229 (1992)

STATE of Florida, Appellant, v. Joseph FLEMING, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 3, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellant.

Paula S. Saunders, of Stafman & Saunders, Tallahassee, for appellee.

PER CURIAM.

The state appeals two orders granting motions to dismiss an information charging violation of section 944.47(1)(a)1 and 5, Florida Statutes. We conclude that the trial court erred in granting the motions to dismiss. We accordingly reverse and remand for further proceedings.

Fleming was employed as a cook at a state correctional institution. The arrest report states that a confidential informant/inmate

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