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BELL v. STATE

No. 2D01-4386.

835 So.2d 392 (2003)

Gralen A. BELL, a/k/a Gralin A. Bell, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 31, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charlie Crist, Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee.

THREADGILL, EDWARD F., Senior Judge.

Gralen Bell appeals an order withholding adjudication and imposing probation for tampering with physical evidence. We reverse because the undisputed facts do not establish a prima facie case; thus, the trial court erred in denying Bell's motion to dismiss the charge.

Bell filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), maintaining that the undisputed facts did not establish a prima...

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