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STATE v. ROSS

No. 86-2140.

509 So.2d 1338 (1987)

The STATE of Florida, Appellant, v. Cedric ROSS, Appellee.

District Court of Appeal of Florida, Third District.

July 21, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Because the undisputed facts do not establish that the passenger/defendant was in either actual or constructive possession of the recently stolen car, the trial court acted correctly in granting the defendant's sworn motion to dismiss. Baker v. United States, 395 F.2d 368 (8th Cir.1968).

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