MANNING v. STATE

No. 77-1120.

355 So.2d 166 (1978)

Richard MANNING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 14, 1978.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass, Krathen, Rastatter, Stark & Tarlowe, P.A., Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

The question here is whether the facts made out a prima facie case against the appellant who pled nolo contendere reserving his right to appeal the denial of his motion to dismiss. We say no and reverse.

The appellant was charged with actual or constructive possession of marijuana based on the undisputed facts of his arrest. The appellant was arrested upon entering, and sitting behind the wheel of, a parked automobile (which the police had under...

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