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STATE v. PIZZAGALLI

No. 90-2096.

581 So.2d 650 (1991)

STATE of Florida, Appellant, v. Darcey PIZZAGALLI, Appellee.

District Court of Appeal of Florida, Fourth District.

June 26, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellant.

Michael J. Doddo, Fort Lauderdale, for appellee.

PER CURIAM.

The state appeals from an order granting a sworn motion to dismiss filed pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure.

Appellee, Pizzagalli, was arrested and charged with delivery of marijuana. He filed a motion to dismiss. He did not notice the motion for hearing. The state did not file a traverse. Approximately seven weeks after the motion was filed the case came on for trial. A...

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