DARRYL W. FOXWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-08-20
No. 4D07-4759
SHAHOOD, C.J., POLEN and FARMER, JJ., concur.
987 So. 2d 1281 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals his conviction for possession with intent to deliver. We agree that the record fails to show evidence of any intent to deliver. Accordingly, we reduce the conviction to simple possession.

The case is remanded for the entry of judgment and sentence accordingly.

SHAHOOD, C.J., POLEN and FARMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Williams v. State, 993 So. 2d 1179 (Fla. 4th DCA 2008)
    …m in handcuffs throughout the detention. Appellant’s attempted disposal of the marijuana and the discovery of the methamphetamine followed the illegal seizure, so they must be suppressed as the fruits of the poisonous tree. E.g., Rachel v. Florida, 987 So. 2d 1281, 1283 (Fla. 4th DCA 2008) (citing Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). As the trial court found, appellant consented to the search of his car before the unlawful seizure occurred; we therefore affirm the deni…
  • State v. Willis (Fla. 5th DCA 2019)
    ….15, Fla. Stat.). A police-citizen encounter becomes an investigatory stop once an officer shows authority in a manner that restrains the defendant’s freedom of movement such that a reasonable person would feel compelled to comply. Rachel v. State, 987 So. 2d 1281, 1283 (Fla. 4th DCA 2008). The Florida Supreme Court adopted a four-factor analysis to determine whether a reasonable person would consider himself to be in custody under the totality of the circumstances. Ramirez v. State, 739 So. 2d 568, 574 (Fla.…

Full citator, related cases, and AI research tools

Open in FLexlaw