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STATE v. COLEMAN

No. 1D05-2734.

937 So.2d 1226 (2006)

STATE of Florida, Appellant, v. Eric COLEMAN, Appellee.

District Court of Appeal of Florida, First District.

September 25, 2006.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellant.

Mark E. Walker of Pelham, Andrews & Walker, Tallahassee, for Appellee.

VAN NORTWICK, J.

The state appeals an order granting Eric Coleman's motion to dismiss the information filed against him which charged him with three counts of felony child abuse under section 827.03(1)(a), Florida Statutes (2004). The attempted prosecution of Coleman under section 827.03(1)(a) was based upon his graphic comments to three minor girls, which the trial court characterized as "offensive and disturbing." Relying upon State v. DuFresne,

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