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SMITH v. STATE

No. 4D05-4021.

949 So.2d 253 (2007)

Kayan Emmanuel SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 19, 2007.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

HAZOURI, J.

Kayan Emmanuel Smith appeals his conviction and sentence for one count of sale of cocaine within 1,000 feet of a park. Smith raises three points on appeal. We affirm on all points and choose to discuss the merits of his first point on appeal; that the trial court erred in failing to grant his motion for judgment of acquittal which asserted that the state failed to establish that the transaction took place within...

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