STATE v. SNAIL

No. 75-483.

323 So.2d 626 (1975)

STATE of Florida, Appellant, v. Larry SNAIL, Appellee.

District Court of Appeal of Florida, Second District.

December 17, 1975.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

Wilbur C. Smith, III, of Smith & Carta, Fort Myers, for appellee.


SCHEB, Judge.

The trial judge dismissed a threecount information charging the defendant/appellee with possession of marijuana, sale of marijuana, and possession of psilocybin, a hallucinogenic compound. The state appeals. We hold the trial judge was correct in dismissing the information as to the sale charge but erred in dismissing the possession charges.

Pursuant to Rule 3.190(c)(4) RCrP, the defendant moved to...

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