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ELLIS v. STATE

No. DD-127.

346 So.2d 1044 (1977)

Spencer P. ELLIS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 30, 1977.

Attorney(s) appearing for the Case

Leo A. Thomas, Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and Patti L. Englander, Asst. Atty. Gen., for appellee.

BOYER, Chief Judge.

Appellant, having been charged by amended information with possession of heroin and possession of more than five grams of marijuana, moved to dismiss the amended information, pursuant to Fla.R. Crim.P. 3.190(c)(4), on the ground that the undisputed material issues of fact failed to establish a prima facie case. The State, in its traverse filed pursuant to Fla.R.Crim.P. 3.190(d), merely denied that the undisputed material facts did not establish...

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