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MOLINARO v. STATE

No. 77-1861.

360 So.2d 119 (1978)

Darlene K. MOLINARO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 17, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kurt Lyle Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and NATHAN and HUBBART, JJ.

PER CURIAM.

Defendant, Darlene K. Molinaro, appeals her conviction1 for possession of a controlled substance, a barbituric acid derivative [Section 893.13, Florida Statutes (1975)], and contends the trial court erred in denying her sworn motion to dismiss because the undisputed facts fail to show that she had actual or constructive possession of the controlled substance. The relevant facts appear...

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