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BURKEY v. STATE

No. 4D04-3588.

922 So.2d 1033 (2006)

Carl BURKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 6, 2006.

Attorney(s) appearing for the Case

Robert G. Udell, Stuart, for appellant.

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

TAYLOR, J.

Carl Burkey was tried by jury and convicted of sale and delivery of cannabis and possession of twenty grams or less of cannabis. On appeal, he challenges several evidentiary rulings, but we find reversible error only in the trial court's exclusion of non-hearsay testimony that the defendant declined to sell drugs to the confidential informant.

Undercover narcotics detective Scott Young was led to the...

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