STATE v. LAMPLEY

No. 71-188.

250 So.2d 911 (1971)

The STATE of Florida, Appellant, v. James Clifford LAMPLEY, Appellee.

District Court of Appeal of Florida, Third District.

August 3, 1971.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.

James Clifford Lampley, in pro. per.

Before SWANN, C.J., and PEARSON and HENDRY, JJ.


PEARSON, Judge.

This appeal is by the State of Florida. It seeks the reversal of a final order granting appellee's motion to dismiss an information charging him with the unlawful possession of marijuana. The trial judge dismissed the charge upon the ground that appellee's previous conviction in the City of Miami municipal court upon the charge of "Being under the influence of Alcohol or Drugs" rendered the prosecution for "possession of marijuana" illegal because...

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