SIMS v. STATE

No. 3D03-1181.

867 So.2d 1208 (2004)

Henry SIMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 10, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo (Ft. Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., COPE and SHEVIN, JJ.


SHEVIN, J.

Henry Sims appeals his conviction and sentence for possession of cocaine. We reverse.

The charges against defendant stemmed from an allegation that defendant dropped a baggie of cocaine while being questioned by two police officers. At trial, one of the officers had no knowledge whether defendant dropped the baggie; the other officer did not recall the exchange at his earlier deposition, and testified based on his arrest report. Defendant was only...

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