STATE v. FIRST

No. 77-1790.

357 So.2d 787 (1978)

The STATE of Florida, Appellant, v. Donald Jack FIRST, Appellee.

District Court of Appeal of Florida, Third District.

April 25, 1978.


Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Dennis L. Curran, Asst. State's Atty., for appellant.

Pollack, Spain & O'Donnell, John H. Lipinski, Miami, for appellee.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

This is a criminal prosecution for possession, sale and conspiracy to sell marijuana before the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court dismissed the charges against the defendant Donald First upon his motion under Fla.R. Crim.P. 3.190(c)(4). The state appeals and contends that the motion was improperly granted. We agree and reverse. State v. Davis,

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