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PAYNE v. STATE

No. 77-2095.

379 So.2d 160 (1980)

Earnest Daniel PAYNE, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 22, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Clark D. Mervis, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and James H. Greason, Asst. Atty. Gen., for appellee.

Before PEARSON and SCHWARTZ, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

SCHWARTZ, Judge.

Payne appeals from his conviction for possession of a felony amount of marijuana. His most substantial argument, which is based on Purifoy v. State, 359 So.2d 446 (Fla. 1978), is that the state did not carry its burden of affirmatively demonstrating that more than five of the 7.7 grams of Cannabis sativa, L. seized from him was contraband, rather than lawful stalks or stems. Because, unlike the situation...

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