WOLF, C.J. Appellant challenges his conviction and sentence for trafficking in cocaine by having in his possession cocaine weighing 28 grams or more, but less than 200 grams, in violation of
section 893.135, Florida Statutes. We determine that the state failed to prove the substance contained more than 28 grams of cocaine as alleged in the information. Hayes v. State, 750 So.2d 1 (Fla.1999); Ankiel v. State, 479 So.2d 263 (Fla. 5th DCA 1985). Although the state urges us to apply
section 893.135(6), Florida Statutes (2001), which defines the weight of a controlled substance as the total weight of the mixture within which the controlled substance is contained, that
section did not take effect until July 1, 2001, see
chapter 2001-55, Laws of Florida, and appellant committed the offense with which he was charged on April 17, 2001. Pursuant to our reasoning in Foster v. State, 861 So.2d 434 (Fla. 1st DCA 2002), review denied 880 So.2d 1212 (Fla. 2004), we are unable to apply the amended statute in this case. We, therefore, reverse the conviction, vacate the sentence, and direct that the charges be reduced to possession of cocaine and that the defendant be resentenced. WEBSTER and HAWKES, JJ., concur.