Houser v. State

BOYD, Chief Justice.

This cause is before the Court on petition for review of a decision of the Second District Court of Appeal, Houser v. State, 453 So.2d 484 (Fla.2d DCA 1984). The district court acknowledged conflict with a decision of another district court of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Petitioner was convicted of two counts of agreeing to sell a controlled substance and then selling another substance in lieu of the controlled substance agreed to be sold, in violation of section 817.563, Florida Statutes (1983). On appeal, petitioner challenged the…