JENKINS v. STATE

No. 3D07-1211.

1 So.3d 317 (2009)

Engino JENKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 21, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and SALTER, JJ.


SHEPHERD, J.

Engino Jenkins appeals a jury verdict finding him guilty of possession of crack cocaine with intent to sell within 1000 feet of a school in violation of section 893.13(1)(c)1, Florida Statutes (2006). The substance was not recovered during the police "takedown." The only evidence the substance was crack cocaine was the testimony of Detective Raymond Robertson, who observed the transaction with the assistance of eight-power binoculars at distance of forty...

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