OBAS v. STATE

No. 4D05-1088.

935 So.2d 38 (2006)

Phillip OBAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 28, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, 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.


KLEIN, J.

Defendant was convicted of tampering with evidence because, as an officer was about to stop defendant, who was on a bicycle, defendant opened a container, dropped cocaine rocks on the ground, and tossed the container five feet. The court should have granted his motion for judgment of acquittal.

One officer testified that, after seeing defendant interact with another man and manipulate something with his hands, he decided to stop defendant for not...

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