STATE v. GIRALT

No. 3D03-857.

871 So.2d 983 (2004)

The STATE of Florida, Appellant, v. Eduardo GIRALT, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 12, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Consuelo Maingot, Assistant Attorney General, and Venus Zilieris, and Adrienne Sampson, Certified Legal Interns (Fort Lauderdale), for appellant.

Joel D. Robrish, Coral Gables; Arthur Joel Berger, Miami, for appellee.

Before GERSTEN, GODERICH, and FLETCHER, JJ.


PER CURIAM.

The State appeals an order granting Eduardo Giralt's ("defendant") motion to dismiss, claiming there was a material fact in dispute and that the undisputed facts established a prima facie case against the defendant for trafficking cannabis. We agree and reverse.

In November of 2001, the police station received a call that the defendant's home was being burglarized. The first police officer to respond to the call observed a vehicle parked in the...

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