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WARNER v. STATE

No. 90-1588.

581 So.2d 232 (1991)

Martin WARNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 17, 1991.

Attorney(s) appearing for the Case

Robert A. Rand, Rand & Walker, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

WOLF, Judge.

This is an appeal from a judgment and sentence entered pursuant to a conviction for a violation of section 831.31, Florida Statutes (1989). Appellant contends that section does not apply to an act of possession of fake crack in an unmarked, clear, plastic bag.

We reverse pursuant to Adderly v. State, 571 So.2d 557 (Fla. 1st DCA 1990).1

WIGGINTON and ALLEN...

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