M.S. v. State

LEHAN, Judge.

We affirm defendant’s convictions for sale of a counterfeit controlled substance.

We disagree with defendant’s contention that because there was evidence that the substance he sold to undercover officers was a controlled substance rather than a counterfeit controlled substance, the evidence was insufficient to exclude his reasonable hypothesis of innocence. There was other evidence that the substance was a counterfeit controlled substance which provided sufficient basis for the trier of fact to exclude defendant’s hypothesis of innocence. See Benson v. State, 526 So.2d 948, 955…