STATE v. KAGAN

No. 87-3183.

529 So.2d 356 (1988)

STATE of Florida, Appellant, v. Robert L. KAGAN, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellant.

Mark King Leban of Law Offices of Mark King Leban, P.A., Miami, and Lyons & Sanders, Chartered, Fort Lauderdale, for appellee.


PER CURIAM.

We reverse the trial court's dismissal of the information and remand. The sworn motion to dismiss, on its face, was insufficient to warrant dismissal, as it parroted what another said on deposition, and was not an unqualified recitation of facts within the defendant's personal knowledge serving to dispel the issue of his knowing there was cocaine in the vial found in his possession.

Moreover, the sanction of dismissal was too draconian even if...

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