Opinion
No. 89-1181.
December 26, 1989.
An Appeal from the Circuit Court for Dade County; Seymour Gelber, Judge.
Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
The State concedes, and we agree, that in the absence of any evidence that the substance 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.