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STATE v. DAVIS

No. 94-926.

652 So.2d 942 (1995)

STATE of Florida, Appellant, v. Henry L. DAVIS, Appellee.

District Court of Appeal of Florida, Fifth District.

March 31, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellee.

W. SHARP, Judge.

The state appeals from the trial court's order granting Davis' motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) in a criminal case. Davis was charged with resisting an officer with violence to his person in violation of section 843.01, Florida Statutes (1993). The state argues the trial court erred in granting Davis' motion to dismiss because Davis' untraversed motion, plus...

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