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MARRISETTE v. STATE

No. 4D00-1695.

780 So.2d 1020 (2001)

Dwight MARRISETTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 2001.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Neimand, Assistant Attorney General, Fort Lauderdale, for appellee.

POLEN, J.

Dwight Marrisette timely appeals after a jury found him guilty as charged of possession of cocaine and possession with intent to use drug paraphernalia. He argues that because the state failed to introduce the cocaine into evidence, and also failed to show the cocaine was otherwise unavailable, the court should have granted him a judgment of acquittal on the cocaine possession charge. We agree and reverse this...

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