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RITHER v. STATE

No. 1D09-2429.

39 So.3d 534 (2010)

Bildad RITHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 13, 2010.

Attorney(s) appearing for the Case

Edward T. Bauer of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General and Ian M. Cotner, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

ON MOTION FOR REHEARING AND/OR CLARIFICATION

We grant the State's Motion for Rehearing and/or Clarification, withdraw our previous opinion, and substitute the following opinion in its place.

Appellant seeks review of his conviction and sentence for trafficking in cocaine. He alleges that the trial court erred in denying his motion for judgment of acquittal in light of the State's failure to prove that he was in constructive possession...

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