STATE v. AURELIUS

No. 90-3203.

587 So.2d 1167 (1991)

STATE of Florida, Appellant, v. Mark E. AURELIUS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard G. Lubin of Lubin and Gano, P.A., West Palm Beach, for appellee.


PER CURIAM.

The state seeks review of the trial court's dismissal of an information charging appellee with trafficking in cocaine. We reverse.

Appellee filed an improperly sworn motion to dismiss the state's information on the ground that the facts alleged were insufficient to establish a prima facie case of conspiracy to traffick in cocaine. The state responded with a "Motion to Strike and/or Traverse" in which it did not refute the truth of the facts alleged...

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