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STATE v. BUSSEY

No. 82-2145.

444 So.2d 63 (1984)

STATE of Florida, Appellant, v. Ricky BUSSEY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 15, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

BERANEK, Judge.

Appellant was charged by information with the sale of a noncontrolled substance in violation of Section 817.563, Florida Statutes (1981), which states as follows:

817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof. — It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell...

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