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PORTER v. STATE

No. 77-2615.

386 So.2d 1209 (1980)

Jeff Lee PORTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 4, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, and Karen M. Gottlieb, Asst. Public Defenders, for appellant.

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

Before SCHWARTZ and DANIEL S. PEARSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

DANIEL S. PEARSON, Judge.

This year is the triennial of Porter v. State,1 and we reluctantly commemorate it by again reversing Porter's conviction for sale and possession of heroin.

We will not prolong the observance of this anniversary. Following our earlier reversal, Porter was retried for selling (and in the process, possessing) thirty dollars worth of heroin to an undercover police officer, Sandra Tavanis.

The...

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