State v. First

Full title: THE STATE OF FLORIDA, APPELLANT, v. DONALD JACK FIRST, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 25, 1978

357 So. 2d 787 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1790.

April 25, 1978.

Appeal from Circuit Court, Dade County; Paul Baker, Judge.

Janet Reno, State's Atty. and Dennis L. Curran, Asst. State's Atty., for appellant.

Pollack, Spain O'Donnell, John H. Lipinski, Miami, for appellee.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This is a criminal prosecution for possession, sale and conspiracy to sell marijuana before the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court dismissed the charges against the defendant Donald First upon his motion under Fla.R. Crim.P. 3.190(c)(4). The state appeals and contends that the motion was improperly granted. We agree and reverse. State v. Davis, 243 So.2d 587 (Fla. 1971). See: State v. Medlin, 273 So.2d 394 (Fla. 1973); State v. Eckroth, 238 So.2d 75 (Fla. 1970); Betancourt v. State, 228 So.2d 124 (Fla. 3d DCA 1969); Chariott v. State, 226 So.2d 359 (Fla. 3d DCA 1969); Frank v. State, 199 So.2d 117 (Fla. 1st DCA 1967).

Reversed and remanded to the trial court for further proceedings.