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TWINN v. STATE

No. 82-1494.

442 So.2d 286 (1983)

Keith Kirk TWINN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 29, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Keith Twinn offered to sell cocaine to an undercover police officer. Following Twinn's arrest seven clear plastic bags containing a white powder, which later proved not to be cocaine or any other controlled substance, were found on his person.

Twinn was charged with violating the counterfeit controlled substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree, that it was inappropriate to charge him...

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