STAMPS v. STATE

No. 92-00943.

620 So.2d 1033 (1993)

Leonard Johnson STAMPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Order Denying Rehearing July 8, 1993.


Attorney(s) appearing for the Case

Robert N. Toward, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carl R. Hayes, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Acting Chief Judge.

Defendant appeals his conviction and sentence for the purchase of cocaine within 1,000 feet of a school, in violation of section 893.13(1)(e), Florida Statutes (1991). We reverse.

Defendant, arguing that the trial court erred in denying his motion for judgment of acquittal, contends that the tract within 1,000 feet of which expert testimony of a surveyor showed defendant's purchase was made did not consist of "real property comprising...

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