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PAYNE v. STATE

No. 71-750.

275 So.2d 261 (1973)

John Michael PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 1973.

Attorney(s) appearing for the Case

Philip T. Weinstein of Cunningham & Weinstein, Miami, for appellant.

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

REED, Chief Judge.

This is an appeal by the defendant from a judgment of the Court of Record for Broward County, Florida adjudicating the defendant guilty of possession of LSD in violation of § 404.02(5), F.S. 1969, F.S.A. Several issues are raised by the defendant, but one is dispositive. Did the trial judge, after a trial without a jury, commit error by adjudicating the defendant guilty of possession of LSD under § 404.02(5), F.S. 1969, F.S.A.,...

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