State v. Williams

ORFINGER, Judge.

The trial court dismissed the information charging the defendants with one count of trafficking in cocaine in violation of section 893.03(2)(a), Florida Statutes (1987). The State appeals and we reverse.

In the Florida Rule of Criminal Procedure 3.190(c)(4) motion, defendants asserted that at the time the Titusville Police Department executed the search warrant on their apartment three other persons, in addition to themselves, were inside. One of the three, Derick Cooke, had slept the previous night in a bedroom in the apartment. Twenty-eight grams of cocaine were found in a…