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STATE v. OSWALD

No. AS-325.

442 So.2d 360 (1983)

STATE of Florida, Appellant, v. Steven F. OSWALD, II, Kurt Edward Calabrese, Harold Allerton Hennis, Jr., and Carl Owens, Appellees.

District Court of Appeal of Florida, First District.

December 8, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., John W. Tiedemann, Asst. Atty. Gen., for appellant.

Larry G. Turner and Robert S. Griscti of Law Offices of Larry G. Turner, P.A., Gainesville, for appellee Oswald.

Joel Hirschhorn, P.A., Miami, for appellee Calabrese.

J. Victor Africano and Paul E. Risner of Law Offices of J. Victor Africano, Live Oak, for appellee Hennis.

MILLS, Judge.

The State contends the trial court erred in dismissing the first count of its information against appellees. We affirm.

The appellees were charged with the actual or constructive possession of in excess of 10,000 pounds of marijuana. They moved to dismiss the count pursuant to Rule 3.190(c)(4), F.R.Cr.P. The motions alleged that there was no showing that they ever had actual or constructive possession of the contraband.

The State filed...

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