McINTYRE v. STATE

No. 86-1199.

502 So.2d 98 (1987)

Henry Millard McINTYRE, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

February 12, 1987.


Attorney(s) appearing for the Case

Theodore N. Taylor, Plant City, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.


DAUKSCH, Judge.

This is an appeal from a conviction and a cross-appeal from a sentence in a criminal case. We affirm the conviction but quash the sentence.

Appellant alleged in his motion to dismiss, filed under Florida Rule of Criminal Procedure 3.190(c)(4), that he was a passenger in a car which contained cocaine. Appellant said he was with two others in the car and that he had no knowledge of the existence of the drug and no control over it. The state denied...

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