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McKINNEY v. STATE

No. 92-03399.

640 So.2d 1183 (1994)

Horace McKINNEY, a/k/a Robert Johnson, a/k/a Glenn Albert Childs, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 27, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

Horace McKinney appeals his convictions for sale and possession of cocaine within 1000 feet of a school and for tampering with evidence.1 We agree with Mr. McKinney that his unsuccessful efforts to swallow a bag of cocaine at the scene of his arrest constitute no more than attempted tampering with the evidence. Although we conclude that the state proved a prima facie case of sale and possession of cocaine near a school...

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