Artique v. State

District Court of Appeal of Florida

Artique v. State

584 So. 2d 654, 1991 Fla. App. LEXIS 9263, 1991 WL 174530

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1991

DocketNo. 91-812

StatusPublished

This text of 584 So. 2d 654 (Artique v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Artique v. State, 584 So. 2d 654, 1991 Fla. App. LEXIS 9263, 1991 WL 174530 (Fla. Ct. App. 1991).

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Opinion

CONFESSION OF ERROR

PER CURIAM.

As the state properly concedes, the trial court erred in denying the defendant’s motion for judgment of acquittal for possession of cocaine where there was no evidence that the defendant physically possessed the cocaine, nor had the ability to control or reduce it to his physical possession. See Garces v. State, 485 So.2d 847 (Fla.3d DCA 1986); Daudt v. State, 368 So.2d 52 (Fla.2d DCA), cert. denied, 376 So.2d 76 (Fla.1979).

Accordingly, the defendant’s conviction and sentence for possession of cocaine is hereby vacated and this cause is remanded with directions to discharge the defendant as to that charge only.

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CONFESSION OF ERROR

PER CURIAM.

As the state properly concedes, the trial court erred in denying the defendant’s motion for judgment of acquittal for possession of cocaine where there was no evidence that the defendant physically possessed the cocaine, nor had the ability to control or reduce it to his physical possession. See Garces v. State, 485 So.2d 847 (Fla.3d DCA 1986); Daudt v. State, 368 So.2d 52 (Fla.2d DCA), cert. denied, 376 So.2d 76 (Fla.1979).

Accordingly, the defendant’s conviction and sentence for possession of cocaine is hereby vacated and this cause is remanded with directions to discharge the defendant as to that charge only.

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584 So. 2d 654, 1991 Fla. App. LEXIS 9263, 1991 WL 174530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/artique-v-state-fladistctapp-1991.

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