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SHANKS v. STATE

No. 92-2217.

624 So.2d 381 (1993)

Archie SHANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 22, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert C. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We withdraw our mandate in this case, reverse the order denying post-conviction relief, and remand to the trial court to vacate appellant's conviction and sentence for purchase of cocaine.

Appellant brought a post-conviction relief motion pursuant to Florida Rule of Criminal Procedure 3.850 asserting that his conviction and sentence were obtained through the use of illegally manufactured crack cocaine in violation of Kelly v. State,

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