GILCHRIST v. STATE

No. 3D00-743.

784 So.2d 462 (2001)

Maurice GILCHRIST, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 29, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


COPE, J.

Maurice Gilchrist appeals his conviction for possession of heroin. We conclude that the evidence was legally insufficient and reverse the judgment.

At the time of defendant-appellant Gilchrist's arrest, he had a plastic baggie which contained specks of heroin. The entire weight, including the baggie, weighed less than one-tenth of a gram. Defendant was convicted of possession of heroin, a felony, and appeals.

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