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STATE v. McCUBBINS

No. 2D01-1557.

817 So.2d 966 (2002)

STATE of Florida, Appellant, v. Mark K. McCUBBINS, Appellee.

District Court of Appeal of Florida, Second District.

May 29, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Anne S. Weiner, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.

NORTHCUTT, Judge.

The circuit court dismissed charges of grand theft and failure to appear against Mark McCubbins on the ground that the State had failed to timely commence prosecution. See § 775.15, Fla. Stat. (1993). We reverse the dismissal of the grand theft charge and remand for further proceedings. We affirm the dismissal of the failure to appear charge.

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