WILCOX v. STATE

No. 95-2523.

675 So.2d 1043 (1996)

Marcellous WILCOX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 3, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elliot B. Kula, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

On the authority of our decision in Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993), we reverse Appellant's conviction for possession of cocaine with intent to deliver/sell under section 893.13(1)(a), Florida Statutes (1993).

In Rogers, this court recognized that where a defendant is charged with violating section 893.13(1)(a) by possessing with intent to sell a controlled substance, a lesser...

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