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STATE v. MAJOR

No. 4D09-2988.

30 So.3d 608 (2010)

STATE of Florida, Appellant, v. Rumi MAJOR, Appellee.

District Court of Appeal of Florida, Fourth District.

March 10, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellee.

LEVINE, J.

The issue presented for review is whether the trial court improperly dismissed the charge of tampering with or fabricating evidence. We find that the trial court's granting of the motion to dismiss should be reversed, since taking all inferences in the light most favorable to the State, there remained a material factual dispute for the trier of fact to determine.

In this case, appellee was observed by a...

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