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FORD v. STATE

No. 2D09-5866.

69 So.3d 391 (2011)

Harry Lynn FORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 16, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Matthew D. Bernstein , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Danilo Cruz-Carino , Assistant Attorney General, Tampa, for Appellee.

LaROSE, Judge.

Harry Lynn Ford appeals an order revoking his community control and the resulting five-year prison sentence.1 The trial court erred in finding that Mr. Ford violated conditions (5) and (7); the State failed to establish Mr. Ford's constructive possession of marijuana found in a car in which he was a passenger, in his recording studio, and in his apartment. Because we cannot determine whether the trial court would have revoked...

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