Opinion
No. 836.
February 3, 1967.
Appeal from the Court of Record for Broward County, Robert J. O'Toole, J.
Earl Faircloth, Atty. Gen., Tallahassee, and Fred T. Gallagher, Asst. Atty. Gen., Vero Beach, for appellant.
Walter E. Gwinn, Miami, for appellee.
The State of Florida has appealed from an order quashing an information in which it was charged that appellee
"* * * having previously been convicted, adjudicated guilty and sentenced for a violation of F.S. 849.09(1) (h) [F.S.A.] on February 13, 1963, to wit: Lottery Law Violation; did then and there unlawfully have in her possession certain tickets in a lottery for money * * *."
The order is reversed on the authority of State v. Curtis, Fla.App. 1963, 152 So.2d 754 (cert. denied, Fla. 1963, 155 So.2d 693); State v. Fernandez, Fla.App. 1963, 156 So.2d 400; Buchanan v. State ex rel. Morris, Fla.App. 1964, 167 So.2d 43; Wyche v. State, Fla.App. 1965, 178 So.2d 875, and remanded to the court below for disposition on the merits.
WALDEN, C.J., ANDREWS, J., and WILLSON, J.H., Associate Judge, concur.