STEPHENSON v. STATE

No. 78-2309.

371 So.2d 554 (1979)

William STEPHENSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 30, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender and David A. Davis, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Appellant appeals his convictions for sale and possession of marijuana alleging that the court erred in denying his Fla.R.Crim.P. 3.190(c)(4) Motion to Dismiss. We agree as to possession and reverse that conviction. We affirm the sale conviction.

The facts as admitted by the motion show that appellant and a codefendant named Tuck negotiated with two officers of the St. Petersburg Police Department for the sale of a pound of marijuana. Under the...

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