STATE v. ALVAREZ

No. 80-1201.

403 So.2d 1143 (1981)

STATE of Florida, Appellant, v. Odillio ALVAREZ, Appellee.

District Court of Appeal of Florida, Second District.

September 23, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

William B. Plowman and Raymond R. Pines, Tampa, for appellee.


RYDER, Judge.

The trial court dismissed an information charging Alvarez with the offense of conspiracy to deliver marijuana in excess of 100 pounds. In so doing, the court found that the undisputed facts did not establish a prima facie case against Alvarez. We disagree and reverse.

Alvarez' motion to dismiss asserts that while he was present in Hilton Head, South Carolina with the other alleged co-conspirators, there is no evidence to show that an agreement...

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