STATE v. LEE

No. 82220.

647 So.2d 810 (1994)

STATE of Florida, Petitioner, v. Calvin LEE, Respondent.

Supreme Court of Florida.

Rehearing Denied January 4, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Mark Rosenblatt, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Sp. Asst. Public Defender, Miami, for respondent.


SHAW, Justice.

We have for review Lee v. State, 619 So.2d 1016 (Fla. 3d DCA 1993), based on conflict with State v. Niemcow, 505 So.2d 670 (Fla. 5th DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The State charged Lee with conspiracy to traffic in cocaine. The charge was noted on the information as a second-degree felony:

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