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ANKIEL v. STATE

No. 84-1869.

479 So.2d 263 (1985)

Raymond Leonard ANKIEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 1985.

Attorney(s) appearing for the Case

Robert J. Watson of Wilkinson & Watson, P.A., and Martha C. Warner, Stuart, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Ankiel appeals from a judgment of conviction and sentence for trafficking in more than 400 grams of cocaine, a controlled substance. § 893.135(1)(b)3, Fla. Stat. (1983). We affirm the conviction but reverse the sentence and remand for resentencing.

The information filed by the State charged that Ankiel did "knowingly possess ... in excess of over 400 grams of cocaine ..." Under section 893.135(1)(b)3, any person who, among other things...

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