STATE OF FLORIDA, APPELLANT,
v.
JAMES CRAMER, APPELLEE
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RYDER, Judge.
The State appeals dismissal of its information for possession of cocaine, pursuant to Florida Rules of Criminal Procedure 3.190(c)(4). The motion for dismissal alleged that small glass vials of cocaine were found on top of a dresser in a room in which appellant was sleeping. The residence and dresser top were shared by appellant and another. Appellant failed to preserve for appeal any objection to the State’s traverse, which added the fact that a gun found next to the cocaine had been brandished by appellant shortly before police arrived on the scene.
We find these facts sufficient to set out a prima facie case to withstand a motion to dismiss. State v. Savarino, 381 So. 2d 734 (Fla.2d DCA 1980). Whether the State can prove constructive possession at trial by refuting all reasonable hypotheses of innocence to this circumstantial evidence must be decided at the close of evidence. On motion to dismiss, the State need show only a prima facie Gase.
REVERSED and REMANDED for further proceedings.
BOARDMAN, Acting C. J., and CAMPBELL, J., concur.
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State v. Upton, 392 So. 2d 1013 (Fla. 5th DCA 1981)…cumstantial, then whether it has carried its burden of excluding all reasonable hypotheses of innocence must be decided at the close of all the evidence. To withstand a motion to dismiss, the State need show only a prima facie case. State v. Cramer, 383 So. 2d 254 (Fla.2d DCA 1980). See also Ritter v. State, 390 So. 2d 168 (Fla. 5th DCA 1980). The State orally traversed the key allegation of defendant’s motion, and there was no objection to the form of the traverse. Although the rule undoubtedly requires the…
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Szteinbaum v. Kaes Inversiones y Valores, 476 So. 2d 247 (Fla. 3d DCA 1985)…d reports and taxes given leave to do so and would be dismissed only if the errant corporation failed to file its overdue reports and pay its back taxes within a reasonable period of time); Ambassador Insurance Company v. Highlands General Hospital, 383 So. 2d 254 (Fla. 2d DCA 1980) (corporation doing business in Florida which was not registered with the Department of State granted leave to qualify with the Department rather than being dismissed out of court); Clifford Ragsdale, Inc. v. Morganti, Inc., 356 So…
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Turner v. State, 388 So. 2d 254 (Fla. 1st DCA 1980)…t comply with Fla.R.Crim.P. 3.190(d). Although the state attorney had apparently not filed a written traverse, he traversed orally at the hearing, and the appellant did not object. Appellant waived objection to the state’s traverse. State v. Cramer, 383 So. 2d 254 (Fla.2d DCA 1980). Moreover, the oral traverse, stating that appellant had sufficient knowledge and control of the marijuana in the truck based on his statements in the presence of the inspector and the officer, was enough to imply knowledge suffici…
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- State v. Savarino, 381 So. 2d 734 (Fla. 2d DCA 1980)