STATE v. COHEN

Nos. AE-113, AE-114.

409 So.2d 64 (1982)

STATE of Florida, Appellant, v. Gary Clark COHEN, and John Chris Davis, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 23, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., for appellant.

Robert M. Harris of Zisser, Robison, Spohrer, Wilner & Harris, Jacksonville, for appellees.


PER CURIAM.

This is a consolidated appeal from summary dismissal of Count II of the State's information charging appellees with attempted sale of cocaine. The trial judge dismissed the charges because the substance sold to an undercover agent as cocaine was later identified as lidocaine, an uncontrolled substance. In dismissing the charges the judge indicated that the State would have to present evidence of possession of cocaine with intent to sell and this would...

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