FOWLER v. STATE

No. 4D00-3485.

801 So.2d 288 (2001)

James FOWLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.


Attorney(s) appearing for the Case

Barbara Brush of Barbara Brush, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mark Rosenblatt, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, C.J.

James Fowler timely appeals after the trial court revoked his probation. Because the state met its burden of proving by the greater weight of the evidence that Fowler constructively possessed marijuana, we affirm the revocation. However, and as the state properly concedes, the trial court erred in finding Fowler violated his probation by unlawfully obstructing police without violence. When the officers first approached Fowler on the street, they lacked...

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