FORT LAUDERDALE, Fla. -- A state appeals court says a Miami woman cannot be convicted of attempting to poison her boss simply because there is no such crime.

Femesha Foster used to work as a technician for optometrist Mark Caruso at the Pembroke Pines Wal-Mart. She was caught on a surveillance video tape putting the poison in her boss's can of Dr. Pepper in January 2000. Caruso decided the soda didn't taste right, and drove himself to the hospital, where he was treated for poisoning and released.

Foster was sentenced to 20 years in prison. It came out to 15 years for attempting to poison and five for grand theft, after she admitted to writing checks to herself from Caruso's account.

But the 4th District Court of Appeal in West Palm Beach has overturned Foster's conviction for attempted poisoning. The panel says that's a "nonexistent crime."

Prosecutors can retry Foster on the charge of poisoning.