Legal Opinion

Kenny v. State

District Court of Appeal of Florida

Decided December 22, 1978No. II-233PublishedCited by 4 opinions

1Opinion of the Court

BOYER, Acting Chief Judge.

Kenny, charged with possession of cannabis in excess of one hundred pounds contrary to Section 893.13(l)(a)2, Florida Statutes (1977), moved to dismiss the information pursuant to Fla.R.Crim.P. 3.190(c)(4) asserting that the undisputed material facts failed to establish a prima facie case. The state, in its traverse filed pursuant to Fla.R. Crim.P. 3.190(d), presented additional facts and denied that the undisputed material facts did not establish a prima facie case. Kenny contends the trial court erred in denying his motion to dismiss. We disagree and affirm the…

2Cases cited3 opinions

  1. Purifoy v. StateSupreme Court of Florida · 1978
  2. Fotianos v. StateDistrict Court of Appeal of Florida · 1976
  3. Wright v. StateDistrict Court of Appeal of Florida · 1977

3Cited by4 opinions

  1. Jordan v. StateDistrict Court of Appeal of Florida · 1982
  2. BELLIZIA v. McNeilDistrict Court, S.D. Florida · 2009
  3. Campbell v. State of FloridaDistrict Court of Appeal of Florida · 2025
  4. State v. DuboseCircuit Court for the Judicial Circuits of Florida · 1986

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