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STATE v. ROBINSON

No. 72-685.

270 So.2d 761 (1972)

STATE of Florida, Appellant, v. Leo ROBINSON and Time Moses McFadden, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 15, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellant.

John D. Wessel, Boca Raton, for appellees.

WALDEN, Judge.

Leo Robinson and Time Moses McFadden were charged with a criminal offense, the sale of heroin. They pleaded not guilty and sought jury trial.

Pretrial, Robinson filed a written motion to dismiss the charges on the ground that he was entrapped. McFadden then filed his motion to dismiss on grounds that he did not sell, offer to sell, or deliver any drugs.

After a full evidentiary hearing, the trial court dismissed both cases. It was thereby...

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