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McDANIEL v. STATE

No. 70188.

515 So.2d 985 (1987)

Tyrone E. McDANIEL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 3, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Tenth Judicial Circuit, and A.N. Radabaugh and John T. Kilcrease Jr., Asst. Public Defenders, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.

OVERTON, Justice.

This is a petition to review State v. McDaniel, 508 So.2d 371 (Fla. 2d DCA 1987), which relied on State v. McGee, 494 So.2d 255 (Fla. 2d DCA 1986), in holding that possession with intent to sell any amount of cannabis is a third-degree felony under section 893.13(1)(a)(2), Florida Statutes (1985). In relying on McGee, the district court recognized conflict...

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