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554 So. 2d 618

G.D. v. State

District Court of Appeal of Florida

Decided December 26, 1989

District Court of Appeal of Florida · decided 1989-12-26

Relies on G. E. G. v. State

Decided 1989-12-26

PER CURIAM.

¶1The 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).

¶2Reversed and remanded with instructions to discharge the defendant.

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