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PAYNE v. STATE

No. 82-1427.

426 So.2d 1296 (1983)

Milton Brinkley PAYNE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 1983.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Acting Chief Judge.

Milton Brinkley Payne, Jr. appeals his conviction and sentence for attempted sale of marijuana. We reverse.

Appellant and codefendants Joe Clyde Hudson and John Frederick Payne, appellant's brother, (hereinafter "Payne") were charged by information with possession of more than twenty grams of marijuana and sale of marijuana. Appellant was tried by jury, acquitted on the possession charge, and convicted on the lesser included offense...

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