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DRAIN v. STATE

No. 91-749.

601 So.2d 256 (1992)

James Anthony DRAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 29, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

After arresting the defendant on an outstanding warrant, the police officers, while searching him, found a substance in his pocket which they believed to be crack cocaine. However, after testing, the substance was found not to be a "controlled substance"1. The State charged the defendant with a violation of section 817.564(3), Florida Statutes, which makes it unlawful for any person to possess with intent to sell any "imitation...

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