STATE v. GAY

No. 2D05-2201.

960 So.2d 864 (2007)

STATE of Florida, Appellant, v. Samuel GAY, Appellee.

District Court of Appeal of Florida, Second District.

July 13, 2007.


Attorney(s) appearing for the Case

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

No appearance for Appellee Samuel Gay.


STRINGER, Judge.

The State appeals from the trial court's written order dismissing a felony count of possession of cocaine that was filed against Samuel Gay. Because the State's traverse established that there were disputed issues of material fact and established a prima facie case of constructive possession, the trial court erred in granting Gay's motion to dismiss. Therefore, we reverse and remand for further proceedings.

The State charged Gay with one count...

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