BRUCE RICHARD NICHOLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRUCE RICHARD NICHOLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
248 So. 2d 199
Florida District Court of Appeal, Fourth District (1971)
Negative Treatment
Cited by 16 cases
Opinion of the Court
Based upon our appellate review, we are of the opinion, using the words of the issue as presented, that the trial court did have authority to adjudicate the defendant guilty on defendant’s plea of guilty to an attempt to commit the offense charged in the information. Thomas v. State, Fla.App. 1967, 201 So.2d 834.
Further, we believe that attempted possession of marijuana is an offense recog*200nizable under the laws of this state. F.S. 776.04, Laws of 1969, F.S.A.
Affirmed.
WALDEN and OWEN, JJ., concur.
CROSS, C. J., dissents, without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Silvestri v. State, 332 So. 2d 351 (Fla. 4th DCA 1976)…nviction for attempted possession of cocaine. Despite the logical difficulties admittedly involved and Judge Grimes’ rather broad and unsolicited hint of his disagreement in Lightfoot v. State, supra, we adhere to our conclusion in Nichols v. State, 248 So. 2d 199 (Fla.App. [*355] 4th 1971), that attempted possession is indeed a Florida crime. Unfortunately, this is not the end of our consideration of the case. We cannot affirm the appellant’s conviction even on this charge because of egregiously prejudicial…
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State v. Thomas, 362 So. 2d 1348 (Fla. 1978)…lving homicides, in which judges may properly limit their instructions to the various degrees of unlawful and lawful homicide, as long as the death of the victim is not in issue. Martin v. State, 342 So. 2d 501 (Fla. 1977). . See, Nichols v. State, 248 So. 2d 199 (Fla. 4th DCA 1971), (attempted possession of marijuana).…
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Lightfoot v. State, 331 So. 2d 388 (Fla. 2d DCA 1976)…the instant case with respect to whether the court should have given an instruction on attempted possession, so we need not decide whether we agree with our sister court that attempted possession is a crime. See Nichols v. State, Fla.App. 4th, 1971, 248 So. 2d 199. Since the jury returned four verdicts of guilt, we would have expected four judgments to have been entered. Presumably, because the respective sale and possession charges each arose out of single transactions, only two judgments were entered, [*39…
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- Thomas v. State, 201 So. 2d 834 (Fla. 2d DCA 1967)