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STATE v. BELL

No. 4D99-1208.

753 So.2d 619 (2000)

STATE of Florida, Appellant, v. Kevin BELL, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Denise Benjamin, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Bernard S. Fernandez, Assistant Public Defender, West Palm Beach, for appellee.

ORDER ON MOTION TO DISMISS APPEAL

HAZOURI, J.

After the state had presented its rebuttal witness, the trial court sua sponte dismissed charges against the appellee due to the lack of credibility of the state's witnesses. The state is appealing that order arguing the trial court was without authority to dismiss the charges. Appellee has moved to dismiss on the ground that any error in dismissing the charges is moot because, having been placed in jeopardy...

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