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STATE v. GREEN

No. 2D04-4604.

902 So.2d 352 (2005)

STATE of Florida, Appellant, v. Clifford Lavond GREEN, Appellee.

District Court of Appeal of Florida, Second District.

June 1, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

The State appeals the trial court's order granting Clifford Lavond Green's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2002). We reverse and remand for further proceedings in accordance with our recent decision in State v. Higby, 899 So.2d 1269 (Fla. 2d DCA 2005) (holding that trial court erred by identifying section 812.155(4)(b) as mandatory...

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