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McINTIRE v. STATE

No. 78-101/T4-43.

381 So.2d 1154 (1980)

Michael P. McINTIRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 3, 1980.

Attorney(s) appearing for the Case

James M. Russ and I. Paul Mandelkern of Law Offices of James M. Russ, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.

SHARP, Judge.

The Appellant was convicted in the trial court of the felony offense of delivery of cannabis in excess of five grams. Testimony at trial revealed that the weight of the cannabis, including stems but excluding stalks, was seven grams. Subsequent to Appellant's conviction the Florida Supreme Court rendered it's decision in Purifoy v. State, 359 So.2d 446 (Fla. 1978). The Court held that because there is no difference...

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