STATE v. WEINBERG

No. 5D00-1339.

780 So.2d 214 (2001)

STATE of Florida, Appellant, v. Deborah Dee WEINBERG, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 19, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant.

A.R. Mander, III of Greenfelder, Mander, Murphy, Dwyer & Morris, Dade City, for Appellee.


COBB, J.

The issue here is whether the trial court erred in dismissing a one count information filed against Deborah Weinberg for obtaining a controlled substance by fraud. Weinberg, in a motion to dismiss, maintained that an information had to be based upon the sworn testimony of a material witness and this was not satisfied by the sworn affidavit of the investigating officer, Detective Clifton, since Clifton was not a material witness. The state's response was that...

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