BRACK v. STATE

Nos. 73-809, 73-811.

293 So.2d 108 (1974)

Riley Nicholas BRACK, Appellant, v. STATE of Florida, Appellee. Eric J. BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 1974.


Attorney(s) appearing for the Case

Kenneth R. Mikos of Friedrich, Kersten & Blackwell, Fort Lauderdale, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellants were convicted, pursuant to a plea of nolo contendere, of unlawful possession of marijuana. Appellant Baker was sentenced to a term of forty-two months in state prison and Appellant Brack was sentenced to thirty-six months in state prison.

It appears of record that the informations herein did not allege possession of marijuana in excess of five grams or previous conviction under the Florida Drug Abuse Law. Such omissions were fatal since...

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