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STATE v. VITALE

No. 5D12-3081.

118 So.3d 853 (2013)

STATE of Florida, Appellant/Cross-Appellee, v. Evan Cole VITALE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 2, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

William R. Ponall , of Snure & Ponall, P.A., Winter Park, and Tad A. Yates , of Law Offices of Tad A. Yates, P.A., Orlando for Appellee/Cross-Appellant.

PALMER, J.

The State appeals the trial court's order granting Evan Cole Vitale's (defendant's) motion to dismiss two of the three counts of the information filed against him. Determining that the court erred in concluding that the alleged facts could not support a finding of guilt on these two counts, we reverse. The defendant cross-appeals the same order, challenging the court's denial of his motion to dismiss count 3. Because that ruling is not appealable, we dismiss...

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