DE LA CRUZ v. STATE

No. 2D03-4050.

884 So.2d 349 (2004)

Milton DE LA CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 10, 2004.


Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

A jury found Milton De La Cruz guilty of trafficking in cocaine, possession of cocaine, and possession of paraphernalia. He challenges only the trafficking conviction, claiming that the State's evidence did not prove he possessed a sufficient amount of cocaine to support that charge. We agree and reverse.

De La Cruz's charges came as a result of law enforcement's attempt to apprehend David Gonzalez on an outstanding felony warrant. Gonzalez...

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