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STATE v. PRUITT

No. 2D06-5538.

977 So.2d 604 (2007)

STATE of Florida, Appellant, v. Clara Denise PRUITT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 2, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

The State appeals the dismissal of a possession of methamphetamine charge which it had filed against Pruitt. The State argues that it established the existence of a prima facie case and that the element of Pruitt's knowledge of the existence of the methamphetamine is a factual question that may not properly be considered on a motion to dismiss. See State v. Paleveda, 745 So.2d 1026, 1028 (Fla. 2d DCA 1999). While...

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