STATE v. HIGDON

No. 2D01-1763.

814 So.2d 1196 (2002)

STATE of Florida, Appellant, v. Quintus Tyrone HIGDON, Appellee.

District Court of Appeal of Florida, Second District.

April 19, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellee.


FULMER, Judge.

The State appeals the trial court's ruling granting Quintus Higdon's motion for judgment notwithstanding the verdict and reducing Higdon's conviction from sale or delivery of cannabis within 1000 feet of a convenience business to simple possession of cannabis. We reverse because the trial court should have reduced the conviction to sale of cannabis instead of simple possession.

The State charged Hidgon with sale or delivery of cannabis within...

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