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STATE v. RODRIGUEZ

No. 87-2682.

531 So.2d 415 (1988)

The STATE of Florida, Appellant, v. Raul Emilio RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Third District.

September 27, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Michele L. Crawford and Steven T. Scott, Asst. Attys. Gen., for appellant.

Friend & Fleck and Geoffrey C. Fleck, South Miami, for appellee.

Before HUBBART and NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

We reverse the dismissal, under Fla.R. Crim.P. 3.190(c)(4), of the information charging the defendant Raul Emilio Rodriguez with attempted sale of marijuana because, on this record, the material undisputed facts of the case fail to establish that the said defendant did not have knowledge or control of the marijuana seized by police from the trunk of the vehicle which was leased by the defendant in this case. Contrary to the trial court's conclusion, the...

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