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STATE v. MOORE

No. 97-01056.

742 So.2d 834 (1999)

STATE of Florida, Appellant, v. Johnny A. MOORE, Jr., Appellee.

District Court of Appeal of Florida, Second District.

September 10, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Scionti, Assistant Attorney General, Tampa, for Appellant.

No appearance for Appellee.

CAMPBELL, Judge.

The State challenges the trial court order granting Appellee's motion to dismiss the grand theft charge filed against him. We reverse.

Appellee was charged with grand theft based on his removal of a News Press vending machine from its location adjacent to a Fort Myers street. He pleaded not guilty and filed a Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss, alleging that the undisputed facts did not establish a prima facie...

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