LUTHER v. STATE

No. 5D10-1214.

68 So.3d 384 (2011)

Anthony LUTHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Michael S. Becker , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Robin A. Compton , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

The defendant, Anthony Luther, was convicted pursuant to section 893.13(1)(f), Florida Statutes (2009), of selling cocaine within 1,000 feet of a public housing facility. We agree with Luther that the State failed to prove that the location where the drugs were sold was a public housing facility. The trial court, therefore, erred in failing to grant the defendant's motion for judgment of acquittal on that ground.1

Accordingly...

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