GARCIA-PEREZ v. STATE

No. 86-1266.

510 So.2d 1051 (1987)

Ramon GARCIA-PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 28, 1987.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Breslin & Raben and Peter Raben, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

Where, as in the present case, the verdict finding the defendant guilty of trafficking in cocaine necessarily depended on the jury's crediting Officer Aguillar's testimony that he actually saw the defendant in possession of the cocaine and their rejecting the defendant's contrary testimony that Aguillar removed the cocaine from the automobile in which the defendant, by his own account unaware of the cocaine's presence, was riding, we cannot conscientiously...

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