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ALLEYNE v. STATE

No. 4D09-1071.

42 So.3d 948 (2010)

Thomas ALLEYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 2010.

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 Helene C. Hvizd , Assistant Attorney General, West Palm Beach, for appellee.

GROSS, C.J.

Thomas Alleyne was convicted of possession of marijuana with intent to sell within 1,000 feet of a school.1 Because there was insufficient circumstantial evidence of his intent to sell, we reverse the conviction and remand for entry of a judgment of conviction for possession of less than 20 grams of marijuana.

At 9:15 a.m., a number of police cars pulled up to a convenience store.2 Alleyne...

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