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VALDES v. STATE

No. 92-2310.

621 So.2d 567 (1993)

Sergio VALDES and Medardo Valdes, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 20, 1993.

Attorney(s) appearing for the Case

Joseph P. Averill, Gerald J. Tobin, Miami, and Franklin D. Greenman, Marathon, for appellants.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before BARKDULL, JORGENSON and GODERICH, JJ.

PER CURIAM.

Sergio Valdes was convicted of violating Marine Fisheries Rules specifically relating to crustaceans of the species Panulirus argus (Counts III and IV). The record is devoid of any evidence to show that the crustaceans were of the species Panulirus argus. Since the State failed to prove all of the elements of the offense, Sergio's convictions for Counts III and IV must be reversed.1

As to Sergio's and...

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