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STATE v. JENNINGS

No. 94-617.

647 So.2d 294 (1994)

The STATE of Florida, Appellant, v. Darrel JENNINGS, Appellee.

District Court of Appeal of Florida, Third District.

December 14, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Lucrecia R. Diaz, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellee.

Before BASKIN, JORGENSON and GERSTEN, JJ.

PER CURIAM.

The State appeals the dismissal of a charge of tampering with physical evidence in violation of section 918.13, Florida Statutes (1993). The charge was dismissed pursuant to Fla.R.Crim.P. 3.190(c)(4), and the State did not contest the underlying facts. We affirm.

According to the undisputed facts, the defendant was observed holding what law enforcement officers believed was a marijuana cigarette. As one of the officers approached the defendant...

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