STATE v. JAMES

No. 81-425.

404 So.2d 1181 (1981)

STATE of Florida, Appellant, v. Richard H. JAMES, Appellee.

District Court of Appeal of Florida, Second District.

October 23, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.


SCHEB, Chief Judge.

The state appeals from an order granting the defendant's motion to suppress evidence concerning contraband which had been destroyed by the sheriff's department. We reverse.

The state filed an information charging the defendant, Richard H. James, with possession of marijuana. In response to his demand for discovery, the state informed him that he could test the alleged contraband. His counsel then deposed the state's chemist concerning the...

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