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BURLEY v. STATE

No. 87-704.

526 So.2d 1021 (1988)

Wayne BURLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 16, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielson, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from convictions for delivery, possession and conspiracy to deliver cocaine. There is ample evidence to support the convictions for sale and possession. There is inadequate evidence to support the conspiracy conviction. The conspiracy statute says:

Whoever agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy ...

The state proved...

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