STATE v. THAILAS

No. 79-177.

394 So.2d 164 (1981)

STATE of Florida, Appellant, v. Shawn Marie THAILAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 4, 1981.


Attorney(s) appearing for the Case

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

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.


PER CURIAM.

AFFIRMED.

LETTS, C.J., and BERANEK, J., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting.

Defendant was charged with three counts of possession with intent to sell cocaine and with three counts of possession of cocaine. The trial court granted defendant's motion to dismiss the simple possession counts, either on the theory that they subjected the defendant to double jeopardy, or, that they were superfluous...

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