HUBBARD v. STATE

No. 1D02-102.

828 So.2d 494 (2002)

Thomas W. HUBBARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 23, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Robert R. Wheeler, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant seeks review of his conviction for felony possession of marijuana. He argues that the trial court should have granted his motion for a judgment of acquittal. We agree. Because the state failed to present evidence sufficient to establish a prima facie case on the element of guilty knowledge—i.e., that appellant knew of the presence of the marijuana and its illicit nature—the trial court should have granted the motion for a judgment...

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