STATE v. HAMILTON

No. 79-2043.

387 So.2d 555 (1980)

STATE of Florida, Appellant, v. Dane Montel HAMILTON, Appellee.

District Court of Appeal of Florida, Second District.

September 10, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.


PER CURIAM.

The state appeals from the dismissal "for lack of prosecution" of its information charging the appellee with possession of marijuana with intent to sell or deliver. The appellee failed to file a brief in this appeal but after carefully reviewing the record containing the transcript of the hearing below which resulted in the dismissal, we reverse.

The state, on the day of trial, orally moved for continuance on the ground that a law enforcement officer...

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