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STATE v. TUCKER

No. 2D99-4074.

761 So.2d 1248 (2000)

STATE of Florida, Appellant, v. Ernest E. TUCKER, Appellee.

District Court of Appeal of Florida, Second District.

July 14, 2000.

Attorney(s) appearing for the Case

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

James Marion Moorman, Public Defender, Bartow, and John C. Fisher, Assistant Public Defender, Bartow, for Appellee.

THREADGILL, Acting Chief Judge.

The appellee was charged with driving while license suspended or revoked (DWLSR) as a habitual traffic offender, a third-degree felony, under section 322.34(5), Florida Statutes (1999). He filed a sworn motion to dismiss the information, pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), alleging two grounds for dismissal: that he was legally parked in a private parking lot when he was observed by law enforcement officers,...

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