FUTCH v. STATE

No. 98-05034.

744 So.2d 540 (1999)

James L. FUTCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 20, 1999.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John T. Salgado, Assistant Attorney General, Tampa, for Appellee.


DANAHY, PAUL W., (Senior) Judge.

James Futch challenges his judgment and sentence for possession of methamphetamine. He argues that there was insufficient evidence to support the conviction. We agree.

Futch was initially charged with attempted sale of methamphetamine. At the close of the State's case, the trial court granted Futch's motion for judgment of acquittal on the attempted sale and allowed the case to proceed to the jury on the offense of possession...

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