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THOMPSON v. STATE

No. 90-2074.

585 So.2d 492 (1991)

Dennis Wayne THOMPSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 12, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Thompson appeals from his convictions and sentences for fraudulent sale of a counterfeit controlled substance,1 and felony petit theft.2 He argues both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla. Stat. (1989). The statute provides:

(4)(a) Whoever, in the course...

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