MOSELY v. STATE

No. 4D07-4195.

1 So.3d 261 (2009)

Kelly MOSELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 17, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was charged with and convicted of possession of cocaine. He argues that the trial court erred in allowing into evidence the fact that he had $200 in his pocket when he was arrested. We reverse.

A detective testified that he observed two people, one flagging down cars in a commercial area. As the officer approached, they started to walk away and appellant dropped cocaine rocks. When the officer picked the rocks up, appellant told him they...

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