LEE v. STATE

No. 4D00-3696.

835 So.2d 1177 (2002)

Terrance Max LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 19, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Jeffrey Anderson and Samuel A. Walker, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.


STONE, J.

Terrance Lee was found not guilty on a charge of possession of cocaine with intent to sell, but was convicted on a companion count of possession of marijuana. He asserts error in the trial court's denial of his motion for judgment of acquittal, contending that the state's proof of his constructive possession of a marijuana cigarette was legally insufficient to create a jury question. He also contends that there was a fundamental error in the jury instructions...

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