STATE OF FLORIDA, APPELLANT,
v.
JEFFREY NELLUMS, APPELLEE
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ERVIN, Judge.
Because the undisputed facts in this case show that appellee, charged with possession of more than 20 grams of cannabis, in violation of Section 893.13(l)(f), Florida Statutes (1991), possessed the same in the presence of the owner for the sole purpose of inspecting it, the trial court properly entered an order dismissing the felony charge of possession of cannabis and transferring the case to county court for prosecution of the misdemeanor offense of attempted possession of cannabis. Campbell v. State, 577 So. 2d 932 (Fla.1991); Roberts v. State, 505 So. 2d 547 (Fla. 3d DCA 1987); Garces v. State, 485 So. 2d 847 (Fla. 3d DCA 1986).
If we were to apply the 1992 amendment to Section 893.02(16), Florida Statutes, which redefined the term “possession” to include temporary possession for the purpose of verification, retroactively to an offense alleged to have been committed before the statute’s enactment, such application would run afoul of the ex post facto clauses of the state and federal constitutions. See State v. Smith, 547 So. 2d 613 (Fla.1989); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988) (on rehearing), review denied, 541 So. 2d 1173 (Fla.1989).
AFFIRMED.
SMITH and BARFIELD, JJ., concur.
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Ortega v. State, 755 So. 2d 813 (Fla. 3d DCA 2000)…ion or testing, irrespective of dominion or control”); Hamilton v. State, 782 So. 2d 498, 494-95 (Fla. 2d DCA 1999)(recognizing that this statute has created a “statutory exception” to Campbell v. State, 577 So. 2d 932 (Fla.1991)); State v. Nellums, 614 So. 2d 676 (Fla. 1st DCA 1993)(recognizing that the 1992 amendment to section 893.02(16), Florida Statutes, changed the law). We note the excellence of the Anders brief prepared by Assistant Public Defender, Shaundra L. Kellam. Her representation fully compl…
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Aleida Amaya v. State, 782 So. 2d 984 (Fla. 3d DCA 2001)…ce of its actual owner, for the purpose of verifying that it was what it purported to be, did not constitute “legal possession.” However the 1992 amendment to section 893.02(16), Florida negates the possibility of such a claim. See State v. Nellums, 614 So. 2d 676 (Fla. 1st DCA 1993) (recognizing that the 1992 amendment to section 893.02(16), Florida Statutes, changed the law); see also Ortega v. State, 755 So. 2d 813 (Fla. 3d DCA 2000). Section 893.02(16), Florida Statutes (1997) provides that “[possession i…
Authorities Cited
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988)
- Campbell v. State, 577 So. 2d 932 (Fla. 1991)
- Roberts v. State, 505 So. 2d 547 (Fla. 3d DCA 1987)
- Dade Drugs, Inc. v. H.S.I. Support Sys., Inc., 485 So. 2d 847 (Fla. 1st DCA 1986)
- Garces v. State, 485 So. 2d 847 (Fla. 3d DCA 1986)