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MYERS v. STATE

No. 85-292.

494 So.2d 517 (1986)

Gerry MYERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

DELL, Judge.

Gerry Myers appeals from a judgment and sentence for trafficking in cocaine. He raises eight points on appeal. However, we need only address his claim that the trial court erred when it denied his motion to dismiss the information because the state entrapped him as a matter of law. We agree.

Appellant alleged in his motion to dismiss:

Defendant Myers never previously has engaged in either the use or sale of any unlawful drug. Defendant...

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