State v. Spearman

366 So.2d 775 (1978)

STATE of Florida, Appellant,

v.

David F. SPEARMAN, Appellee.

No. 78-520.

District Court of Appeal of Florida, Second District.

December 13, 1978.

Rehearing Denied January 26, 1979.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Edward D. Foreman, St. Petersburg, for appellee.

BOARDMAN, Judge.

Appellee/defendant David F. Spearman was charged by information with burglary. He filed a motion to dismiss pursuant to Rule 3.190(c)(4) of the Florida Rules of Criminal Procedure. The relevant, undisputed facts are as follows. Appellee…