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ELIAS v. STATE

Nos. 73-118, 73-193, 73-119 and 73-192.

301 So.2d 111 (1974)

Joseph ELIAS, Appellant, v. STATE of Florida, Appellee. Joseph RODRIGUEZ, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 28, 1974.

Attorney(s) appearing for the Case

I.W. Williams, Minnis, Williams & Milton, St. Petersburg, for appellant Elias.

Arnold D. Levine, Levine, Freedman & Hirsch, Tampa, for appellant Rodriguez.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth and Mary Jo M. Gallay, Asst. Attys. Gen., Tampa, for appellee.

GRIMES, Judge.

Appellants, Joseph Rodriguez, Sr. (sometimes known as Joe Bonimo) and Joseph Elias (sometimes known as Joe Eli), were charged with possession and sale of heroin in October 10, 1972, and again on October 11, 1972. A trial was held for the violations which allegedly occurred on October 10. Viewed in the light most favorable to the State, the evidence may be summarized as follows: Michael Smith was a paid police informer who had volunteered to sell his...

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