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STATE v. THOMAS

No. 2D01-277.

826 So.2d 1048 (2002)

STATE of Florida, Appellant, v. Milton Earle THOMAS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 8, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellee.

NORTHCUTT, Judge.

The State contends the circuit court should not have dismissed charges against Milton Thomas after it was disclosed that a videotape of Thomas's alleged transaction with undercover agents had been misplaced. We agree and remand with instructions to reinstate the charges.

Thomas was charged with two counts of selling a substance in lieu of a controlled substance in violation of section 817.563, Florida Statutes (2000). The probable cause affidavit...

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