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VITALE v. STATE

No. 91-1795.

595 So.2d 1121 (1992)

Francis Anthony VITALE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 10, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We find no error in the trial proceedings below except in the jury instructions given on trafficking in cocaine. While this appeal was pending, the Supreme Court of Florida decided State v. Weller, 590 So.2d 923 (Fla. 1991). We agree with appellant that the supreme court intends for the rule of Weller to apply both to trafficking in cocaine and conspiracy to traffic in cocaine. Id. at 927. Accordingly...

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