MANTILLA v. STATE

No. 3D08-2166.

38 So.3d 196 (2010)

Ivan MANTILLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 28, 2010.


Attorney(s) appearing for the Case

Abraham & Agnoli and Lane Abraham, for appellant.

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

Before RAMIREZ, WELLS, and LAGOA, JJ.


WELLS, J.

Ivan Mantilla appeals from his conviction for possession of cannabis, claiming the jury's decision amounted to a true inconsistent verdict. We agree and reverse.

In April 2006, Mantilla was arrested after police officers, responding to a possible home invasion/robbery call, discovered, through a bashed wall, marijuana growing in the garage of Mantilla's rented home. Mantilla claimed that he had no way to enter the garage, which could not be accessed...

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