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MILTON v. STATE

No. 73-423.

288 So.2d 552 (1974)

Johnnie MILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 18, 1974.

Attorney(s) appearing for the Case

Johnnie Milton, pro se.

James A. Gardner, Public Defender, Bradenton, and Thomas A. Capelle, Asst. Public Defender, Tampa; and Pat Whitaker, III, Senior Law Student, University of Florida, Gainesville, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.

MANN, Chief Judge.

The evidence against Milton is tenuous. A police informer and a deputy sheriff disguised as a heroin customer picked up a woman who was a heroin addict. Milton, she testified, came along for the ride, to get from where they were to Belmont Heights. There is sufficient evidence that in Belmont Heights a sale of heroin took place, but the evidence links the woman to the transaction positively and Milton only circumstantially. If the sole question...

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