RUFFNER v. STATE

No. 91-690.

590 So.2d 1054 (1991)

Randy RUFFNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.


PER CURIAM.

Randy Ruffner appeals from a judgment of conviction for sale of a substance in lieu of a controlled substance. For the following reason, we reverse and remand for a new trial.

Ruffner and a codefendant arranged to sell $500 worth of LSD to a police informant. However, the substance sold tested negative for LSD in both field and laboratory tests. Ruffner was charged with violating section 817.563, Florida Statutes (1989), which provides that "[i...

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