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STATE v. FALKENSTEIN

No. 97-3931.

720 So.2d 1143 (1998)

STATE of Florida, Appellant, v. Stephen FALKENSTEIN and Lisa Brown, Appellees.

District Court of Appeal of Florida, Fourth District.

November 12, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Barbra Amron Weisberg, Assistant Attorney General, West Palm Beach, for appellant.

Edward M. Kay of Edward M. Kay, P.A., Fort Lauderdale, for Appellee-Stephen Falkenstein, and Bradley R. Stark, Miami, for Appellee-Lisa Brown.

SHAHOOD, J.

The state appeals the dismissal of drug trafficking charges against appellees, Stephen Falkenstein and Lisa Brown. We reverse.

Appellees were charged with Trafficking in Hydrocodone in violation of Florida Statute section 893.135(l)(c)1, and Grand Theft. They moved to dismiss the charges arguing that although they were in possession of 1500 Vicodin tablets (a prescription pain reliever), which contained an aggregate amount of 11.25...

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