MOORE v. STATE

No. 89-2241.

561 So.2d 1273 (1990)

Homer MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


POLEN, Judge.

Appellant seeks review of his judgment and sentence of four and one-half years incarceration for possession of cocaine in violation of section 893.03, Florida Statutes (1987). We affirm in part and reverse and remand in part.

Appellant was arrested while cutting down a marijuana plant in his brother's yard where at least thirty-nine other plants were growing. All of the plants were seized and their gross weight was 3,600 grams. Appellant's brother...

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