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SIPP v. STATE

No. 82-1155.

442 So.2d 392 (1983)

Elbert B. SIPP, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 1983.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Asst. Public Defender, and Larry B. Henderson, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction for sale of a substance in lieu of a controlled substance. The statute is found under Chapter 817 "Fraudulent Practices" and declares that "it is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance ... and then sell to such person any other substance in lieu of such controlled substance."

The facts of this case are that appellant offered...

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