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STATE v. SIMBACH

No. 97-01505.

742 So.2d 365 (1999)

STATE of Florida, Appellant, v. John R. SIMBACH, Appellee.

District Court of Appeal of Florida, Second District.

August 18, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

No appearance for Appellee.

PARKER, Acting Chief Judge.

The State of Florida appeals the order of the trial court dismissing a charge of felony animal cruelty against John R. Simbach. We reverse.

Simbach's sworn motion,1 filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), sets forth the undisputed facts in this case. Simbach fired two shots from a .357 caliber revolver at a dog belonging to Onita Young, both shots striking the dog. The dog suffered...

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