McCRAY v. STATE

No. 4D17-2006.

256 So.3d 878 (2018)

Donte Ahmad McCRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2018.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Erika Follmer , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.


Donte McCray appeals his conviction and sentence for possession of heroin. Because appellant was not in actual possession of the heroin and the state failed to prove constructive possession, we reverse appellant's conviction and sentence for possession of heroin and remand for entry of a judgment of acquittal on this charge.

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