FLEMING v. STATE

No. 4D10-972.

82 So.3d 967 (2011)

Tyrone FLEMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion on Denial of Rehearing November 23, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Susan D. Cline , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.


EN BANC

POLEN, J.

Appellant Tyrone Fleming appeals his judgment and sentence that the trial court ordered pursuant to two charges against him, including a possession of cocaine charge, and raises the issue of the denial of his motion for judgment of acquittal on the cocaine charge. In an earlier decision, Marrisette v. State, we held that "[w]ithout some testimony ... as to why the cocaine was unavailable at trial, the court should have granted Marrisette...

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