AGEE v. STATE

No. 86-3231.

522 So.2d 1044 (1988)

Benjamin AGEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 6, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

Benjamin Agee, the appellant, challenges his conviction and sentence for possession of heroin. We reverse.

The state charged Agee with possession of heroin. At a jury trial, the state's evidence revealed that on January 4, 1986, at approximately 2:30 a.m. a man drove a car into a parking lot of a motel where Agee was staying. The people in the car were having a loud argument, and one of the occupants was waving a gun. After having...

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