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STATE v. STEWART

No. 76-140.

358 So.2d 583 (1978)

STATE of Florida, Appellant, v. Wayne M. STEWART, Christopher N. Girard, John A. Tudor, Appellees.

District Court of Appeal of Florida, Second District.

May 10, 1978.

Attorney(s) appearing for the Case

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

John T. Cook, South Pasadena, for appellee Tudor.

Philip J. Padovano of Ruiz & Padovano, St. Petersburg, for appellee Girard.

J. Richard Rahter, St. Petersburg, for appellee Stewart.

GRIMES, Acting Chief Judge.

This appeal turns upon the interpretation of Patterson v. State, 313 So.2d 712 (Fla. 1975).

The appellees were charged in circuit court with selling marijuana.1 Upon the authority of Patterson, the court dismissed the information as being insufficient to charge a felony because it failed to negate the elements of the marijuana misdemeanor offense described...

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