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STATE v. FERNANDEZ

No. 3477.

156 So.2d 400 (1963)

STATE of Florida, Appellant, v. Benigo FERNANDEZ, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 8, 1963.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Tallahassee, Paul B. Johnson, State Atty., John R. Lawson, Jr., Asst. State Atty., Tampa, for appellant.

Harry M. Hobbs, Tampa, for appellee.

ALLEN, Judge.

In 1962 the appellant State filed an information charging appellee-defendant with a violation of Fla. Stat. 398, F.S.A. and further charging that appellee had previously been convicted of a violation of Chapter 398, the Uniform Narcotic Drug Law, thereby being liable for punishment as a second offender under the provisions of Fla. Stat. § 398.22, F.S.A. Upon appellee's motion, the lower court quashed the...

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