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GARCIA v. STATE

No. 77-1651.

359 So.2d 17 (1978)

Casimiro GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Susan G. Sexton, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant Casimiro Garcia was found guilty of possessing on March 14, 1977 more than five grams of marijuana. On appeal he contends that the court erred in admitting, over timely objection, the testimony of one of the state's witnesses. We agree and, therefore, reverse his conviction.

Appellant took the witness stand in his own behalf. He testified that several days prior to the date on which the contraband...

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