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STATE OF FLORIDA, Appellant, v. ANDREW FRANK HAUBRICK and JUSTIN B. MILLIANS, Appellees. CASE NO. 1D07-6283

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STATE OF FLORIDA, Appellant, v. ANDREW FRANK HAUBRICK and JUSTIN B. MILLIANS, Appellees. CASE NO. 1D07-6283 District Court of Appeal of Florida, First District. Opinion filed December 31, 2008. An appeal from the Circuit Court for Wakulla County. N. Sanders Sauls, Judge. Bill McCollum, Attorney General, and Kathryn Ray, Assistant Attorney General, Tallahassee, for Appellant. Tony Bajoczky, Tallahassee, and Robert A. Harper, III, Harper & Harper Law Firm, P.A., Tallahassee, for Appellees. BARFIELD, J. The state appeals an order granting a motion to dismiss an amended information. We reverse the order. The original information charged the appellees with sexual battery by multiple perpetrators, ?while the victim was physically helpless to resist,? citing sections 794...continue to full post

Full post as published by Florida Criminal Law Opinions on December 31, 2008 (boomark / email).