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STATE v. BETANCOURT

No. 92-1340.

616 So.2d 82 (1993)

The STATE of Florida, Appellant, v. Carlos BETANCOURT, Appellee.

District Court of Appeal of Florida, Third District.

March 16, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before NESBITT, BASKIN and GODERICH, JJ.

NESBITT, Judge.

The state appeals an order dismissing an information based upon defendant's motion made pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). For the following reasons, we affirm.

Count I of the information in question charged Carlos Betancourt with abuse, neglect, or torture of an aged person, contrary to section 415.111(3), Florida Statutes (1991). Count II alleged the unlawful possession of a firearm while engaged in a criminal offense...

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