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DURR v. STATE

No. 90-2072.

583 So.2d 424 (1991)

Lawrence DURR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 5, 1991.

Attorney(s) appearing for the Case

James C. Banks, Sp. Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Lawrence Durr has appealed an order of the trial court denying his motion to dismiss a charge of possessing with intent to sell or deliver a counterfeit controlled substance, contrary to section 831.31(1)(a), Florida Statutes (1989). We reverse, with instructions to enter an order granting Durr's motion to dismiss.

Following an anonymous tip, a police officer approached Durr and received permission to search him. The officer found a clear Ziploc...

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