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STATE v. FITZGERALD

No. 93-03383.

640 So.2d 214 (1994)

STATE of Florida, Appellant, v. Robert J. FITZGERALD, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellee.

ALTENBERND, Judge.

The state appeals an order dismissing the information filed against Robert J. Fitzgerald. The trial court concluded it had lost jurisdiction because the state did not announce its intention to prosecute Mr. Fitzgerald during the term of a deferred prosecution agreement. We reverse.

On November 24, 1991, Mr. Fitzgerald allegedly choked his spouse and pushed her to the floor several times. She was 5 1/2 months pregnant at the time. On December...

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