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STATE v. COVINGTON

No. 3D06-3070.

973 So.2d 481 (2007)

The STATE of Florida, Appellant, v. Ivory COVINGTON, II, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 14, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant.

Epstein Becker & Green and Joseph P. Klock, Jr., and Rashida M. Ivy, Miami, for appellee.

Before WELLS, and CORTINAS, JJ., and FLETCHER, Senior Judge.

Rehearing and Rehearing En Banc Denied February 14, 2008.

WELLS, Judge.

The State of Florida appeals from an order granting Ivory Covington's motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4). We reverse, finding the motion legally insufficient to support dismissal because the motion neither demonstrates that no disputed material facts exist, nor establishes that Covington could not have committed the charged offenses. See State v....

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