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STATE v. BELL

No. 5D03-833.

882 So.2d 468 (2004)

STATE of Florida, Appellant, v. Carlton Wayne BELL, Appellee.

District Court of Appeal of Florida, Fifth District.

September 17, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.

PALMER, J.

The State appeals the trial court's order dismissing the information filed against Carlton Wayne Bell. See Fla. R.Crim. P. 3.190(c)(4)(authorizing the dismissal of a complaint on the basis that the undisputed facts do not establish a prima facie case of guilt). Concluding that, in seeking dismissal, Bell failed to demonstrate both that there were no genuine issues of material fact and that the undisputed material facts failed to establish a prima...

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