STATE v. McGEE

No. 85-2439.

494 So.2d 255 (1986)

STATE of Florida, Appellant, v. Mandell C. McGee, Appellee.

District Court of Appeal of Florida, Second District.

September 3, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow and Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellee.


RYDER, Acting Chief Judge.

The state appeals a circuit court's decision to dismiss an information for lack of jurisdiction because it charged defendant with possession of cannabis with intent to sell but did not specify an amount of twenty grams or more, thus was only a misdemeanor. We reverse.

The trial court relied on Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977), which blended together sections 893.13(1...

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