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WALLACE v. STATE

No. 88-2866.

553 So.2d 777 (1989)

Debra Ann WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 20, 1989.

Attorney(s) appearing for the Case

Peter Birch of Birch and Murrell, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Debra Ann Wallace was convicted and sentenced for trafficking in cocaine and possession of drug paraphernalia. Upon consideration of the testimony and the record it appears that the state did not establish that Ms. Wallace was in constructive possession of the contraband as required by Brown v. State, 428 So.2d 250 (Fla. 1983). It appears that, at most, Wallace was in mere proximity to the cocaine and the drug...

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