SUNDIN v. STATE

No. 2D08-2887.

27 So.3d 675 (2009)

Brian Lee SUNDIN, Doc. # R48503, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 15, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Brian Lee Sundin seeks review of his judgment and sentence for possession of cocaine and possession of drug paraphernalia. We reverse because the State failed to establish a prima facie case on both charges.

At trial, Detective Ryan Kmiec testified that his narcotics unit was conducting undercover drug purchases at the Value Lodge on U.S. 19 in New Port Richey on April 25, 2007. Detective Kmiec was working as backup when he observed Sundin...

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