VALENTIN v. STATE

No. 4D07-1785.

974 So.2d 629 (2008)

Jamie VALENTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 27, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant. Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant was convicted for possession of cocaine with intent to sell within one thousand feet of a publicly owned park in violation of section 893.13(1)(c), Florida Statutes (2006). He appeals, claiming that the court erred in denying his motion for judgment of acquittal, because the state failed to prove that his possession of cocaine was with an intent to sell. We reverse, concluding that the state's evidence failed to prove an intent to sell.

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