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PICKOVER v. STATE, DEPT. OF REVENUE

No. 90-3040.

620 So.2d 1280 (1993)

Richard M. PICKOVER, a.k.a. Richard M. Pickover, Ltd., Appellant, v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 4, 1993.

Attorney(s) appearing for the Case

Guy J. Seligman, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Lee R. Rohe, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Judge.

Pickover appeals from a final order of the Department of Revenue (DOR) affirming a sales tax assessment on the sale of cocaine under section 212.0505, Florida Statutes (1989). Finding material error in the proceedings below, we reverse.

Appellant was arrested at a residence where he was ostensibly performing plumbing work.1 His arrest was made after police conducted an undercover purchase of cocaine from the occupant...

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