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McKINNEY v. STATE

No. 88-2361.

553 So.2d 796 (1989)

Kevin Joseph McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 21, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

McKinney appeals his convictions for sale of cocaine under section 893.13(1)(a), Florida Statutes (1987), possession of cocaine under section 893.13(1)(f), Florida Statutes (1987), and the sentence which was imposed on the possession count. Adjudication was withheld on the sale count. He argues both convictions cannot stand because they are based on the sale of one piece of crack cocaine to an undercover police agent. We agree.

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