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SAMET v. STATE

No. 73-201.

284 So.2d 450 (1973)

Warren D. SAMET, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 16, 1973.

Attorney(s) appearing for the Case

Martin S. Saxon and Max B. Kogen, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

The appellant was informed against, charged with unlawful possession of marijuana in a quantity exceeding five grams in weight.

The offense charged was a felony under §§ 404.02 and 404.15(1), Fla. Stat., F.S.A. Under said statutes the offense was a misdemeanor, if a first conviction was involved and the quantity possessed was less than five grams in weight.

The cause was tried before the court without a jury. The state failed...

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