JOHN JUNIOR DILLS, A/K/A JACKIE DILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN JUNIOR DILLS, A/K/A JACKIE DILLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
369 So. 2d 1025
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant challenges the sufficiency of the evidence for his conviction for unlawful possession of a controlled substance with intent to sell. We reverse.
The statement of the facts of the case as set forth by appellant in his brief and agreed to by the state fails to establish that appellant was in actual or constructive possession of the marijuana. Daudt v. State, 368 So. 2d 52 (Fla.2d DCA, 1979).
REVERSED and REMANDED with directions to discharge the appellant.
McCORD, C. J., and BOOTH and SMITH, LARRY G., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eddunio Corraliza v. State, 391 So. 2d 330 (Fla. 3d DCA 1980)…tion for the crime of petit larceny as a second degree misdemeanor [§ 812.014(2)(c), Fla.Stat. (1979)] constitutes fundamental error because it exceeds the maximum probationary term for a second degree misdemeanor which is six months. Rose v. State, 369 So. 2d 1025 (Fla. 3d DCA 1979); Alderman v. State, 356 So. 2d 928 (Fla. 2d DCA 1978); § 948.04(1), Fla.Stat. (1979). The trial court may upon remand correct the sentence on the petit theft conviction in circuit court case no. 79 — 2411 without requiring the pre…
Authorities Cited
- Daudt v. State, 368 So. 2d 52 (Fla. 2d DCA 1979)