BAKER v. STATE

No. 1D05-5891.

951 So.2d 78 (2007)

Clarence BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 13, 2007.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

Appellant, Clarence Baker, appeals a final judgment following a jury trial in which he was convicted of sale, manufacture, delivery or possession of cocaine with the intent to sell, manufacture or deliver cocaine within 1,000 feet of a convenience business. Because we find that the business in question did not meet the statutory definition of a convenience business, we reverse.

Section 893.13, Florida Statutes (2005), defines the offense in question...

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