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STATE v. RYAN

No. 4-86-2470.

513 So.2d 753 (1987)

STATE of Florida, Appellant, v. Willie L. RYAN, Appellee.

District Court of Appeal of Florida, Fourth District.

October 7, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, Gary Caldwell, Asst. Public Defender, and Carol Heller, Legal Intern, West Palm Beach, for appellee.

PER CURIAM.

On August 14, 1986, appellee, Willie L. Ryan, was charged by information with delivery of cocaine. On September 24, 1986, appellee filed a sworn motion to dismiss. The motion was heard one week later on October 1, 1986. At the hearing the prosecutor indicated that he never received a copy of the motion and did not learn of the motion until 4:00 P.M. the prior day. The certificate of service on the motion indicated a copy of the motion was hand delivered...

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