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STATE v. ROY

No. 3D04-2573.

944 So.2d 403 (2006)

The STATE of Florida, Appellant, v. Donald T. ROY, Sr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 11, 2007.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General; and William J. Selinger, Assistant Attorney General, for appellant.

Harry M. Solomon, Miami, for appellee.

Before COPE, C.J., SHEPHERD and ROTHENBERG, JJ.

Rehearing and Rehearing En Banc Denied January 11, 2007.

COPE, C.J.

The State of Florida appeals the dismissal of the information filed against Donald T. Roy, Sr. ("Roy") pursuant to a sworn motion to dismiss. We remand for further proceedings.

The criminal charges in this case arose out of a confrontation which occurred when two police officers entered the fenced and posted back yard of defendant/appellee Roy at 1:15 a.m. The officers had been dispatched...

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