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STATE v. LINDSEY

No. 4-86-0493.

501 So.2d 174 (1987)

STATE of Florida, Appellant, v. Kenneth LINDSEY, Appellee.

District Court of Appeal of Florida, Fourth District.

January 28, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Cindy E. D'Agostino, Asst. Public Defender, West Palm Beach, for appellee.

STONE, Judge.

The state appeals an order granting a motion to dismiss under Rule 3.190(c)(4), Florida Rules of Criminal Procedure. The defendant is charged with failing to timely return a leased vehicle, although it was returned prior to the filing of the information. Section 817.52(3), Florida Statutes (1985), provides:

(3) FAILURE TO REDELIVER HIRED VEHICLE. — Whoever, after hiring a motor vehicle under an agreement to redeliver the same to the person...

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