Florida District Courts of Appeal, 1987

State v. Garcia

State v. Garcia
Florida District Courts of Appeal · Decided March 3, 1987 · Barkdull, Hubbart, Pearson
503 So. 2d 427; 12 Fla. L. Weekly 671; 1987 Fla. App. LEXIS 12001 (Southern Reporter, Second Series)

State v. Garcia

Opinion of the Court

PER CURIAM.

Although the facts set' forth in the defendant’s untraversed sworn motion to dismiss plainly established that she did not conspire to unlawfully traffic in cocaine (as charged in Count II of the information), they did not establish that she was not guilty of the crime of trafficking in cocaine (as charged in Count I of the information). See Saylor v. State, 491 So.2d 340 (Fla. 3d DCA 1986). Accordingly, the dismissal of Count I is reversed; the dismissal of Count II is affirmed.

Affirmed in part; reversed in part and remanded.

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