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716 So. 2d 327

Docket No. 97-03705.

State v. Perry

STATE of Florida, Appellant, v. Daryl PERRY, Appellee.

District Court of Appeal of Florida

Decided August 14, 1998.

District Court of Appeal of Florida · decided 1998-08-14

Relies on Agency for Health Care Administration v. Palm Springs General Hospital, Inc. · 684 So. 2d 831 - State v. Baxley

Decided 1998-08-14

¶1Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellant.

¶2James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.

¶3PER CURIAM.

¶4The State timely appeals the trial court's order granting defendant's, Daryl Perry, motion to dismiss three counts of trafficking in hydrocodone. We affirm on the authority of State v. Holland,689 So.2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley,684 So.2d 831 (Fla. 5th DCA 1996).

¶5Affirmed.

¶6PATTERSON, A.C.J., and BLUE and GREEN, JJ., concur.

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