State v. Connolly

OPINION OF THE COURT

ARTHUR J. FRANZA, Circuit Judge.

THIS CAUSE having come before this Court upon appeal by the State of Florida of the Trial Court’s granting of the Defendant’s Motion to Dismiss, and this Court, having reviewed the brief filed by Appellant, no brief having been filed by Appellee, and having entertained oral argument on December 4, 1987, and being fully advised in the premises thereof, it is hereby,

ORDERED AND ADJUDGED that the order of the trial court *131dismissing the above-referenced is REVERSED, and the cause REMANDED for further proceedings.

The State need not prove the…