STATE v. BECKER

No. 89-1240.

559 So.2d 704 (1990)

STATE of Florida, Appellant, v. Thomas BECKER, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.


STONE, Judge.

We reverse an order dismissing charges, entered on the basis of defendant's sworn motion made pursuant to Florida Rule of Criminal Procedure 3.190(c)(4), and the state's demurrer.

The facts are sketchy but undisputed. In the course of executing a search warrant in a boarding house, officers found cocaine and paraphernalia (a Coca-Cola can fashioned into a pipe used for "freebasing" cocaine). This contraband was found in the closet in a room rented...

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