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STATE v. SMITH

No. 92-03643.

624 So.2d 355 (1993)

STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carl R. Hayes, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.

PATTERSON, Judge.

The state appeals the dismissal of the charge against Smith for driving with a suspended driver's license causing death or serious injury, pursuant to section 322.34(3), Florida Statutes (1991), a third-degree felony. In dismissing the charge, the trial court cited State v. Winters, 346 So.2d 991 (Fla. 1977), and State v. Joyce, 361 So.2d 406 (Fla. 1978), and found...

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