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STATE v. HART

No. 95-1188.

677 So.2d 385 (1996)

STATE of Florida, Appellant, v. William HART, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification and/or Certification Denied August 20, 1996.

Attorney(s) appearing for the Case

Michael J. Satz, State Attorney, J. Scott Raft, Assistant State Attorney, Fort Lauderdale; Robert A. Butterworth, Attorney General, Tallahassee; and Joan Fowler, Assistant Attorney General, West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Assistant Public Defender, Fort Lauderdale, for appellee.

GROSS, Judge.

Appellee William Hart was charged with corruption by threat under section 838.021(1) as enhanced by section 775.0851, Florida Statutes (1995). He moved to dismiss the enhancement portion of the charge under Florida Rule of Criminal Procedure 3.190(c)(4). After hearing testimony at an evidentiary hearing conducted under Rule 3.190(d), the trial court granted the motion and dismissed that part of the charge based on section...

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