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ARTIQUE v. STATE

No. 91-812.

584 So.2d 654 (1991)

John ARTIQUE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 10, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the state properly concedes, the trial court erred in denying the defendant's motion for judgment of acquittal for possession of cocaine where there was no evidence that the defendant physically possessed the cocaine, nor had the ability to control or reduce it to his physical possession. See Garces v. State, 485 So.2d 847 (Fla.3d DCA 1986); Daudt v. State,

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