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STATE v. LINDSEY

No. 98-3235.

738 So.2d 974 (1999)

STATE of Florida, Appellant, v. William Darrell LINDSEY, Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.

DAUKSCH, J.

The appellant appeals an order dismissing two counts of a murder indictment entered pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We reverse.

The appellee's motion to dismiss alleged there was no evidence establishing corpus delicti. The state, in traversing, alleged the following facts as to each victim:

COUNT IV 5. The State denies paragraph three of the defendant's motion to dismiss in that Diane Richardson's...

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