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STATE v. HUBBARD

No. 75-1101.

328 So.2d 465 (1976)

STATE of Florida, Appellant, v. Daniel HUBBARD, Appellee.

District Court of Appeal of Florida, Second District.

March 12, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and Dennis P. Maloney, Asst. Public Defender, Bartow, for appellee.

HOBSON, Judge.

This appeal is taken by the State from an order dismissing charges of sale and possession of marijuana against the appellee, Daniel Hubbard. Count IV, charging possession, was dismissed after the State stipulated that a prima facie case for possession did not exist. With respect to the remaining three counts, the factual basis on which the appellee moved to dismiss was provided in the depositions of three police officers. According to the depositions...

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