584 So. 2d 36 | Fla. Dist. Ct. App. | 1991
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 (Fla. 2d DCA), review denied, 536 So.2d 243 (Fla.1988), cert. denied, 489 U.S. 1069, 109 S.Ct. 1349, 103 L.Ed.2d 817 (1989). Defendant’s argument on appeal that that evidence was not shown to be competent was not preserved for appeal. See Jennings v. Stewart, 308 So.2d 611 (Fla. 3d DCA 1975).
Affirmed.