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STATE v. OJEDA

No. 97-2285.

712 So.2d 1266 (1998)

The STATE of Florida, Appellant, v. Michael OJEDA, Appellee.

District Court of Appeal of Florida, Third District.

July 22, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellant.

William Dale Whitice, Coconut Grove, for appellee.

Before NESBITT, GODERICH and SHEVIN, JJ.

PER CURIAM.

The State appeals from the trial court's sua sponte dismissal of Count VI of the Information charging the defendant with possession of a firearm by a violent career criminal. § 790.235, Fla. Stat. (Supp.1996). We reverse finding that the trial court's dismissal improperly invaded and interfered with the exercise of prosecutorial discretion. State v. Stewart, 554 So.2d 620, 621 (Fla. 3d DCA 1989); ...

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