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STATE v. LOPEZ

No. 4D03-4624.

908 So.2d 484 (2005)

STATE of Florida, Appellant, v. Luis LOPEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellant.

Gonzalo Alberto Gayoso, Miami, for appellee.

TAYLOR, J.

The state appeals the trial court's entry of a judgment of acquittal after a jury verdict finding the defendant guilty of trafficking in 3,4-Methylenedioxymethamphetamine (MDMA). The court based the judgment of acquittal on three alternative grounds: 1) a defect in the information; 2) lack of proof of possession of the drugs; and 3) objective entrapment.

We agree with the state that the defendant waived the defect in the information by failing to...

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