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KRESBACH v. STATE

No. AX-15.

462 So.2d 62 (1984)

Michael Lawrence KRESBACH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 31, 1985.

Attorney(s) appearing for the Case

William L. Camper, Brown & Camper, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for appellee.

ERVIN, Chief Judge.

Kresbach appeals from a conviction and sentence for trafficking in cocaine in excess of 28 grams. He contends that the trial court erred in denying the motion for judgment of acquittal. We reverse.

On December 6, 1982, a Federal Express courier found an envelope that had broken open inside a Federal Express dropbox. The envelope was a Federal Express shipping envelope, with an attached air bill or receipt. While placing the shipping envelope...

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