J.G. v. STATE

No. 4D03-1469.

881 So.2d 25 (2004)

J.G., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 31, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

J.G. appeals the trial court's judgment of delinquency based upon his possession of marijuana. He claims the evidence showed only proximity to the drug and not possession. We agree and reverse.

At the adjudicatory hearing, Officer Francis Hoeflinger stated that he stopped a person for riding a bicycle without required lights one evening. While he was interviewing that person, J.G. drove by riding on the handlebars of another bicycle while a boy...

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