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STATE v. PETRO

No. 90-02442.

592 So.2d 254 (1991)

STATE of Florida, Appellant, v. Matthew PETRO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

J. Andrew Press, Clearwater, for appellee.

CAMPBELL, Judge.

The state appeals the dismissal of one count of an amended information which charged appellee, Matthew Petro, with conspiring to traffic in cocaine. We reverse. The night before the trial was scheduled the state received service of a motion to dismiss by appellee which, in its essential part, alleged:

As is set more fully in the Memorandum of Law in support of the instant Motion to Dismiss incorporated herein by reference, the above facts...

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