Florida District Courts of Appeal, 1989

G.D. v. State

G.D. v. State
Florida District Courts of Appeal · Decided December 26, 1989 · Ferguson, Nesbitt, Schwartz
554 So. 2d 618; 1989 Fla. App. LEXIS 7289; 1989 WL 155466 (Southern Reporter, Second Series)

G.D. v. State

Opinion of the Court

PER CURIAM.

The State concedes, and we agree, that in the absence of any evidence that the sub*619stance taken from the custody or control of the defendant was cocaine as charged, the defendant’s motion for a judgment of acquittal for the offense of possession of cocaine with intent to sell, should have been granted. See G.E.G. v. State, 417 So.2d 975 (Fla. 1982).

Reversed and remanded with instructions to discharge the defendant.

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