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DARWISH v. STATE

No. 2D05-4643.

937 So.2d 789 (2006)

Salah E. DARWISH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 13, 2006.

Attorney(s) appearing for the Case

Ronald N. Toward, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Salah E. Darwish challenges his judgment and sentence for the third-degree felony of cheating, section 817.29, Florida Statutes (2004). Mr. Darwish was convicted of cheating by false pretenses after an investigation showed that he was selling bottled water that had been distributed gratuitously as relief supplies in the aftermath of Hurricane Charley. Because the State failed to prove that the distributor of the supplies relied on a misstatement of...

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