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BOLEY v. STATE

No. 72-411.

273 So.2d 109 (1973)

John BOLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 7, 1973.

Attorney(s) appearing for the Case

Fred D. Leone, Law Offices of George Ritchie, Cocoa, and Larry Klein, of Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William W. Herring, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

Defendant was convicted of felonies charged by a two-count information with delivery of marijuana and possession of marijuana. The information did not specify the quantity of marijuana involved and neither did it state the consideration for the delivery, nor that defendant had been previously convicted of violating the Drug Abuse Law. Thus, the charges, as a matter of law, were only misdemeanors and not felonies. Pope v. State, Fla.App. 1972,

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