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CAMPUSANO v. STATE

No. 4D03-1268.

861 So.2d 535 (2003)

Peter CAMPUSANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 31, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state concedes error as to Appellant's conviction on count II of "conspiracy to attempt to traffic in cocaine." Such is not a criminal offense in Florida. Silvestri v. State, 332 So.2d 351 (Fla. 4th DCA 1976).

Therefore, we vacate the judgment and sentence and remand for modification accordingly and re-sentencing.

STONE, KLEIN, and TAYLOR...

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