STATE v. HOWZE

No. 83-2232.

458 So.2d 318 (1984)

The STATE of Florida, Appellant, v. William HOWZE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 15, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Harold Mendelow, Sp. Asst. Public Defender, for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.


PER CURIAM.

Upon undisputed facts the trial court dismissed an information charging the defendant with sale of a purported controlled substance contrary to Section 817.563, Florida Statutes (1981).

The stipulated facts read in part as follows:

"The issue for the Court to decide since there is no material dispute under the facts that the Defendant did not agree or offer to sell any person in lieu of a controlled substance any other substance, is whether...

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