DIAMOND v. STATE

No. 82-2168.

436 So.2d 364 (1983)

Todd DIAMOND, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 16, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


SCHWARTZ, Chief Judge.

Diamond was convicted of the possession of quaaludes and amphetamines which were found in the gear shift boot of an automobile he owned and in which he was a passenger but which was being driven by one Hengst when it was stopped by the police. His defense was that the drugs belonged to Hengst, who put them in the car and that he, Diamond, knew nothing about their presence. In fact, Hengst, who was not initially arrested, had consistently confirmed...

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