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DAUDT v. STATE

No. 78-793.

368 So.2d 52 (1979)

Douglas Vance DAUDT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 1, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, W.C. McLain, Asst. Public Defender, and David A. Davis, Legal Intern, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

OTT, Judge.

Appellant was charged with and convicted of two offenses: sale and possession of more than five grams of marijuana. We affirm the conviction on the charge of sale, but reverse on the charge of possession.

The facts established at trial were as follows.

Pinellas County Detective Dean La Chance, acting in an undercover capacity, met with Harry Wallace about a future large marijuana transaction. Undercover...

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