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P.M.M. v. STATE

No. 2D03-4568.

884 So.2d 418 (2004)

P.M.M., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 29, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

P.M.M. appeals an order withholding adjudication and placing her on probation for possession of marijuana. We reverse because the circumstantial evidence failed to rebut P.M.M.'s reasonable hypothesis of innocence.

The State's only witness at trial was Deputy Nathaniel Johnson, the school resource officer at the high school P.M.M. attended. Deputy Johnson recounted that he was present when the assistant principal of the school searched P...

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