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MARRERO v. STATE

No. 84-1138.

493 So.2d 463 (1985)

Juan MARRERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing December 24, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Dubiner & Blumberg and Sara Blumberg, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

HENDRY, Judge.

This is an appeal by the defendant, Juan Marrero, from his conviction and sentence for attempted trafficking in cannabis. For the reasons which follow, we reverse.

The defendant was initially charged, along with two other individuals, with trafficking in cannabis [§ 893.135, Fla. Stat. (1983)], and conspiracy to traffic in cannabis [§ 777.04 and § 893.135, Fla. Stat. (1983)]. At a jury...

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