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1989-12 |
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PER CURIAM. The State concedes, and we agree, that in the absence of any evidence that the sub
*619 stance taken from the custody or control of the defendant was cocaine as charged, the defendant’s motion for a judgment of acquittal for the offense of possession of cocaine with intent to sell, should have been granted. See G.E.G. v. State, 417 So.2d 975 (Fla.1982).Reversed and remanded with instructions to discharge the defendant.
Document Info
Docket Number: No. 89-1181
Judges: Ferguson, Nesbitt, Schwartz
Filed Date: 12/26/1989
Precedential Status: Precedential
Modified Date: 10/18/2024