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STATE v. O'BRIEN

No. 93-1754.

636 So.2d 92 (1994)

STATE of Florida, Appellant, v. Thomas Daniel O'BRIEN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 9, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellant.

Douglas D. Marks of Potter, McClelland, Marks & Healy, P.A., Melbourne, for appellee.

W. SHARP, Judge.

The state appeals from an order dismissing an information, which charged O'Brien with multiple counts of sexual battery on a child under the age of eleven years.1 The information set forth the dates as between January 1, 1983 and December 1984. The trial court held a hearing patterned after Dell'Orfano v. State, 616 So.2d 33 (Fla. 1993). Without giving the state a chance to amend...

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