DYDEK v. STATE

No. 80-1083.

400 So.2d 1255 (1981)

Gary Todd DYDEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 24, 1981.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Kathe Kates Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

Gary Todd Dydek appeals judgments and sentences for possession of cocaine and drug paraphernalia. We affirm the judgment and sentence for possession of cocaine. However, we hold that appellant did not possess the item alleged to be drug paraphernalia with the intent that it be "used for unlawfully administering any controlled substance," as required by section 893.13(3)(a)4, Florida Statutes (1979), and we therefore reverse the judgment and sentence...

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