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STATE v. GENSLER

No. 3D04-3277.

929 So.2d 27 (2006)

The STATE of Florida, Appellant, v. Audria Diane GENSLER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied June 8, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellant.

Dunlap & Silvers and Marcia J. Silvers, Miami, for appellee.

Before SUAREZ and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied June 8, 2006.

SUAREZ, Judge.

This is an appeal from an order granting the defendant's Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss the State's prosecution of a vehicular homicide charge brought pursuant to section 782.071, Florida Statutes (1999). The defendant contends on appeal that the trial court was correct in granting the motion because the undisputed facts did not establish that the victim of...

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