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McCAIN v. STATE

No. 79-2066.

390 So.2d 779 (1980)

Robert S. McCAIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 1980.

Attorney(s) appearing for the Case

Alfonso C. Sepe and Alan R. Soven, Miami, for appellant.

Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and HENDRY and NESBITT, JJ.

HENDRY, Judge.

Robert McCain was charged by information with conspiracy to sell, deliver, possess or possess with intent to sell or deliver marijuana in violation of Section 777.04, Florida Statutes (1979). The information charged that McCain and a John Doe (known as "Tommy") conspired with each other and with Ron Braswell. Tommy was never located or arrested. Defendant McCain was tried without a jury and convicted; the conviction did not specify with whom McCain...

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