State v. Snail

SCHEB, Judge.

The trial judge dismissed a three-count information charging the defendant/appellee with possession of mari*627juana, sale of marijuana, and possession of psilocybin, a hallucinogenic compound. The state appeals. We hold the trial judge was correct in dismissing the information as to the sale charge but erred in dismissing the possession charges.

Pursuant to Rule 3.190(c)(4) RCrP, the defendant moved to dismiss the information on the ground that the defendant was entrapped, as a matter of law, into committing the crimes alleged. In this motion, as amended, the defendant contended that…