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STATE v. GILSON

No. 2D08-4524.

72 So.3d 263 (2011)

STATE of Florida, Appellant, v. Mark GILSON, Appellee.

District Court of Appeal of Florida, Second District.

October 14, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellee.

DAVIS, Judge.

The State challenges the final order of the trial court granting Mark Gilson's motion to dismiss the charge of attempted first-degree murder of a law enforcement officer due to the State's destruction of certain evidence. Because the trial court's ruling is based on facts presented in the motion to dismiss that are not supported by the record, we reverse.

In 1997, Gilson was convicted after jury trial...

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