MARY JANE TERRY
v.
STATE OF FLORIDA
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Mary Jane Terry was convicted of manufacturing cannabis under Florida Statute § 893.13. On appeal, the court reversed her conviction, holding that although the evidence established Terry's knowledge of marijuana plants on the property, it was insufficient to prove she manufactured them as required by law.
The conviction must be reversed because although there was ample evidence that Terry was aware of the marijuana plants, there was insufficient evidence that she was responsible for the manufacturing of the controlled substance as defined by statute, namely the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of cannabis.
[1] Knowledge of the existence of marijuana plants is insufficient to establish the crime of manufacturing cannabis; the prosecution must prove the defendant was responsible…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“there was no evidence from which a jury could conclude that she was responsible for the 'production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance.'”
The court explained why the evidence was insufficient to support the manufacturing charge despite Terry's acknowledgment of the plants' presence.
Officers responding to Terry's home observed marijuana plants growing outside. When one officer honked his horn, Terry came outside and acknowledged t…
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April 3, 2019 PER CURIAM.
Mary Jane Terry was convicted of manufacturing cannabis in violation of section 893.13, Florida Statutes. On appeal, she contends that there was insufficient evidence to sustain the conviction. We agree and reverse.
Officers responded to the home where Terry and at least two other people lived. The officers immediately noticed marijuana plants growing outside. One officer honked his horn, hoping a resident would come outside. Terry did, and the officers asked her if there was marijuana growing on the property. Terry acknowledged there was, showing officers the plants.
We review de novo an order denying a motion for judgment of acquittal. Pagan v. State, 830 So. 2d 792, 803 (Fla. 2002). We will reverse only if we conclude no “rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt.” Id. Here, although there was ample evidence that Terry was aware of the marijuana plants, there was no evidence from which a jury could conclude that she was responsible for the “production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance.” See § 893.02(15)(a), Fla. Stat. (defining “manufactured” for purposes of § 893.13). We therefore conclude that the trial court should have granted an acquittal.
REVERSED.
ROBERTS, RAY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Jessica J. Yeary, Assistant Public Defender, Tallahassee, for Appellant. Ashley B. Moody, Attorney General, and Trisha Meggs Pate and Benjamin L. Hoffman, Assistant Attorneys General, Tallahassee, for Appellee.