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STATE v. WELLS

No. 97-02867.

779 So.2d 283 (1998)

STATE of Florida, Appellant, v. Kimberlee WELLS, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee; Patricia E. Davenport, Erica M. Raffel, and Timothy A. Freeland, Assistant Attorneys General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.

PER CURIAM.

The State timely appeals the trial court's order granting Kimberlee Wells' motion to dismiss one count of conspiracy to traffic in hydrocodone. We affirm on the authority of State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998) and State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley, 684 So.2d 831

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