PETION v. STATE

No. 4D06-3888.

4 So.3d 83 (2009)

Gerald PETION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 4, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Gerald Petion appeals his convictions for possession of cocaine with intent to sell, possession of cannabis with intent to sell, and unlawful use of a false name. We reverse only Petion's conviction and sentence for possession of cannabis with intent to sell. There was insufficient evidence to establish his constructive possession of marijuana found inside the vehicle, which was jointly occupied by the defendant and three other passengers.

At the...

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