GRANT v. STATE

No. 4D03-510.

864 So.2d 503 (2004)

Dwayne GRANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 12, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

Dwayne Grant was arrested with 28 ziplock bags of marijuana in his pants pocket. The total weight of the marijuana was 27.3 grams. The probable cause affidavit indicated that Grant was arrested for possession of over 20 grams of cannabis. See § 893.13(6)(a), Fla. Stat. (2001).

The state filed an information charging Grant with possession of cannabis with intent to sell, contrary to section 893.13(1)(a)2. At the same time, the state filed...

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