McMILLON v. STATE

No. 99-1139.

745 So.2d 566 (1999)

Terry McMILLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 10, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

An undercover agent drove into an area to purchase drugs. McMillon and Corey Pride rushed to his vehicle and, according to the officer, Pride delivered counterfeit rock cocaine while McMillon delivered the real thing. At trial, McMillon's defense was that Pride had delivered both rocks. The jury accepted the officer's version of the facts and convicted McMillon of sale of cocaine.

McMillon argues on appeal that the court erred in not giving his...

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