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STATE v. PERRY

No. 93-00294.

629 So.2d 309 (1993)

STATE of Florida, Appellant, v. Vernice PERRY, Appellee.

District Court of Appeal of Florida, Second District.

December 22, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state has appealed from an order dismissing its case against Vernice Perry pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Perry, who jointly occupied a motel room with a codefendant, was charged with actual or constructive possession of eleven pieces of rock cocaine. The state's traverse to the (c)(4) motion raises factual issues concerning Perry's knowledge of the presence of the cocaine, an element of constructive possession....

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