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DELICE v. STATE

No. 4D02-4155.

878 So.2d 465 (2004)

Gena DELICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 28, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tara A. Finnigan, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

We grant appellee's motion for rehearing in part, withdraw our previously issued opinion of May 19, 2004, and substitute the following in its place.

This appeal arises out of a conviction for trafficking and conspiracy to traffic cocaine. The Appellant, Gena Delice, was charged by information for the events that culminated on May 19, 2000. Delice challenges the trial court's jury instruction for trafficking in cocaine, the exclusion of testimony...

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