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TERRY v. STATE

No. 1D03-3754.

892 So.2d 1132 (2004)

Morris TERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 11, 2005.

Attorney(s) appearing for the Case

Robert A. Rush, Gainesville, for appellant.

Charlie Crist, Attorney General; Shasta W. Kruse, Assistant Attorney General, Tallahassee, for appellee.

WOLF, C.J.

Appellant challenges his conviction and sentence for trafficking in cocaine by having in his possession cocaine weighing 28 grams or more, but less than 200 grams, in violation of section 893.135, Florida Statutes. We determine that the state failed to prove the substance contained more than 28 grams of cocaine as alleged in the information. Hayes v. State, 750 So.2d 1 (Fla.1999); Ankiel v. State,

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