GUSTAFSON v. STATE

No. 69-714.

243 So.2d 615 (1971)

James E. GUSTAFSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 1971.


Attorney(s) appearing for the Case

James M. Russ and Michael F. Cycmanick, of Law Offices of James M. Russ, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and John Paul Jones, Asst. Atty. Gen., West Palm Beach, for appellee.


CROSS, Chief Judge.

Appellant-defendant, James E. Gustafson, appeals an order of probation withholding adjudication of guilt in a non-jury trial on a charge of unlawful possession of marijuana. We reverse.

At approximately 1:30 a.m. on Sunday morning, January 12, 1969, appellant was driving an automobile in the City of Eau Gallie. A police officer of the city on routine patrol was following and observed appellant's vehicle weave slightly, the left wheels crossing...

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