P.F., A JUVENILE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• C.M. v. State, 83 So. 3d 947 (Fla. 3d DCA 2012)
  …C.M.’s intent, the evidence also was insufficient to establish beyond a reasonable doubt that C.M. “use[d] or possessed] with intent to use” the ear dropper “to inhale ... a controlled substance.” § 893.147(l)(b) Fla. Stat. (2010). Goodroe v. State, 812 So. 2d 586 (Fla. 4th DCA 2002). The State argues the evidence was sufficient to sustain the charge because the officer (deemed an expert by the court) testified he believed the residue in the ear dropper was marijuana. Such an argument lacks merit under the f…
• M.M. v. State, 152 So. 3d 121 (Fla. 3d DCA 2014)
  …of the drug paraphernalia. See Lawson v. State, 666 So. 2d 193, 194 (Fla. 2d DCA 1995). The State cannot establish the requisite intent without evidence linking the presence of an illegal substance to the alleged paraphernalia. See Goodroe v. State, 812 So. 2d 586, 587-88 (Fla. 4th DCA 2002) (finding that a combination of factors such as residue not being tested, no evi [*124] dence residue was a controlled substance, and lack of possession of illegal drugs upon arrest, was insufficient for satisfying the int…
• Moore v. State (Fla. 2d DCA 2020)

Authorities Cited

• Lynch v. State, 293 So. 2d 44 (Fla. 1974)
• JAY v. State, 731 So. 2d 774 (Fla. 4th DCA 1999)