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SMITH v. STATE

No. 81-827.

412 So.2d 22 (1982)

Robert Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1982.

Attorney(s) appearing for the Case

Ronald A. Dion of Entin, Schwartz, Angert, Dion & Broudy, North Miami Beach, and Clyde M. Taylor, Jr., Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Acting Chief Judge.

Robert Lee Smith appeals his judgment and sentences for possession (count 1) and sale (count 2) of methaqualone. We affirm.

We decline to recede from our holding in Fundak v. State, 362 So.2d 295 (Fla. 2d DCA 1978), that even in circumstances such as those here, where the possession and sale of a given drug arises out of a single episode, Section 775.021, Florida Statutes (1979), requires...

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