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MITCHELL v. STATE

No. 85-2255.

488 So.2d 632 (1986)

Earl King MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 14, 1986.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Tallahassee, and Amy Diem, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

This is an appeal from a conviction for offering to sell a controlled substance and substituting another substance in violation of section 817.563, Florida Statutes (1981). We reverse.

The defendant, Mitchell, charged with offering to sell a rock of cocaine to a plainclothes officer, actually gave the officer a plastic bag containing another substance, a small rock (pebble). Before any money exchanged hands the defendant was taken into custody...

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