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McCAIN v. STATE

No. 2D07-3829.

995 So.2d 1029 (2008)

Jeffrey McCAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 18, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Chief Judge.

Either Jeffrey McCain was in the wrong place at the wrong time, or he conspired with a friend to prepare and sell drugs to an undercover officer. In convincing the jury of the latter, the prosecutor relied on improper Williams1 rule evidence. We reverse for that reason and because the trial court committed fundamental error when responding to a jury question. We remand for a new trial.

An undercover...

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