STATE v. RODRIGUEZ

No. 93-1590.

640 So.2d 206 (1994)

STATE of Florida, Appellant, v. Ihovany RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

August 3, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellant.

Curt Obront of McKenna & Obront, Coconut Grove, for appellee.


STONE, Judge.

We reverse an order of dismissal based on a sworn motion to dismiss filed under Florida Rule of Criminal Procedure 3.190(c)(4). The motion alleged that the facts were undisputed and could not establish a prima facie case of trafficking in cocaine.

The motion alleged that the defendant was a passenger in a vehicle driven to a prearranged drug transaction and that he remained in the car while the driver exited and negotiated the deal with an undercover...

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