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McDOWELL v. STATE

No. 77-2080.

362 So.2d 63 (1978)

Tommy Lee McDOWELL, a/K/a Spooky, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 2, 1978.

Attorney(s) appearing for the Case

Earl L. Maxwell, Jr., West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and MOORE, JJ., concur.

DAUKSCH, J., dissents with opinion.

DAUKSCH, Judge, dissenting:

I must respectfully dissent. Appellant was charged with attempted possession of heroin and attempted delivery of heroin. The evidence upon which he was convicted was that an undercover agent gave the appellant twenty dollars to buy either one or two "bags" of "stuff". The undercover agent was qualified as an "expert in...

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