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BITTNER v. STATE

No. 2D97-4382.

760 So.2d 297 (2000)

Barbara BITTNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 16, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Barbara Bittner appeals her judgment and sentence for trafficking in hydrocodone. We reverse based on Hayes v. State, 750 So.2d 1 (Fla.1999).

Bittner was charged with trafficking in more than 14 grams and less than 28 grams of hydrocodone in violation of section 893.135(1)(c)1 b, Florida Statutes (Supp.1996). The charge arose after she allegedly obtained fifty Lortab pills through a fraudulent prescription...

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