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Terry v. State, No. 4D08-719 (Fla. App. 7/29/2009) (Fla. App., 2009)

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MOSES TERRY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-719. District Court of Appeal of Florida, Fourth District. July 29, 2009. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case No. 07-11903CF10A. Carey Haughwout, Public Defender, and Christine C. Geraghty, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. GERBER, J. The defendant below appeals his conviction for solicitation to purchase cocaine because the State charged and proved solicitation to deliver cocaine. The State confesses error. We concur and, therefore, reverse and remand for a new trial on the proper charge...continue to full post

Full post as published by Florida Criminal Law Opinions on July 29, 2009 (boomark / email).