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GARTRELL v. STATE

No. 91-0545.

609 So.2d 112 (1992)

Karen GARTRELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 25, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The defendant was charged with violating section 893.135(1)(b)1.a, Florida Statutes (1989), which states in part that the crime of trafficking in cocaine is committed by "any person who is knowingly in actual or constructive possession of 28 grams or more of cocaine... ." (Emphasis added.) The defendant moved for a judgment of acquittal on the ground that the state failed to present any evidence on the knowledge element and the trial court denied...

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