STATE v. SANCHEZ

No. 80-966.

398 So.2d 847 (1981)

STATE of Florida, Appellant, v. Rafael SANCHEZ, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 28, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and David Weisbrod and G.P. Waldbart, Asst. Attys. Gen., Tampa, for appellant.

Law Offices of Robert L. Moore, Miami, and Sharon L. Wolfe and Marc Cooper of Greene & Cooper, P.A., Miami, for appellee.


HOBSON, Acting Chief Judge.

Rafael Sanchez was indicted and charged with conspiracy to deliver a quantity of cannabis in excess of 100 pounds. He filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), which the trial court granted. The State appeals the dismissal. We affirm.

Sanchez' motion, which the State did not traverse, recited facts derived solely from the sworn deposition of co-defendant, Larry McFarlane, as follows:<...

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