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STATE v. ELLIOTT

No. 1D05-4632.

941 So.2d 567 (2006)

STATE of Florida, Appellant, v. Joseph Wade ELLIOTT, Appellee.

District Court of Appeal of Florida, First District.

November 15, 2006.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellee.

WOLF, J.

The State appeals the trial court's grant of appellee's Motion to Dismiss filed pursuant to rule 3.190(c)(4), Florida Rules of Criminal Procedure. The State filed a traverse. Because the State's traverse creates a dispute as to the material facts of the case, we reverse.

Appellee was charged by information for two counts of possession of a controlled substance, Xanax and Ketamine, on March 22, 2005. Appellee filed a motion to dismiss asserting that...

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