CELESTE v. STATE

No. 5D10-3607.

79 So.3d 898 (2012)

Jon Michael CELESTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 17, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Anne Moorman Reeves , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, C.J.

Jon M. Celeste appeals his conviction of trafficking in oxycodone. He contends that the trial court erred in denying his motions for judgment of acquittal. We agree and reverse.

Mr. Celeste was charged with trafficking in oxycodone, possession of a controlled substance without a prescription and possession with intent to sell. After the State dismissed both possession charges, the case proceeded to trial solely on the trafficking charge. The...

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