STATE v. SHERROD

No. 79-586.

383 So.2d 752 (1980)

STATE of Florida, Appellant, v. Tommy Lee SHERROD, Appellee.

District Court of Appeal of Florida, Fourth District.

May 14, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Channing E. Brackey, Asst. Public Defender, Fort Lauderdale, for appellee.


HERSEY, Judge.

Appellant, Tommy Lee Sherrod, was charged by Information with possession of cocaine in violation of Sections 893.03(2)(a)(4) and 893.13(1)(e), Florida Statutes (1977). After two jury trials resulted in mistrials, the trial court entered an order "... on its own motion that the charges against the defendant be and the same are hereby dismissed with prejudice." The State appeals from this order.

We address initially the question of whether this...

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