Collins v. State

District Court of Appeal of Florida

Collins v. State

418 So. 2d 318, 1982 Fla. App. LEXIS 21408

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1982

DocketNo. 81-2001

StatusPublished

This text of 418 So. 2d 318 (Collins 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.

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Collins v. State, 418 So. 2d 318, 1982 Fla. App. LEXIS 21408 (Fla. Ct. App. 1982).

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PER CURIAM.

Affirmed. The jury instruction to which appellant objected at trial was harmless error under Sections 59.041 and 924.33, Florida Statutes (1981). The state’s proof of the weight or quantity of controlled substance, the delivery of which was the basis of the charge against appellant, was sufficient to justify denial of appellant’s Motion for directed verdict. See Asmer v. State, 416 So.2d 485 (Fla. 4th DCA 1982).

HERSEY, J., and OWEN, WILLIAM C., Jr. (Retired), Associate Judge, concur.

ANSTEAD, J., dissents with opinion.

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PER CURIAM.

Affirmed. The jury instruction to which appellant objected at trial was harmless error under Sections 59.041 and 924.33, Florida Statutes (1981). The state’s proof of the weight or quantity of controlled substance, the delivery of which was the basis of the charge against appellant, was sufficient to justify denial of appellant’s Motion for directed verdict. See Asmer v. State, 416 So.2d 485 (Fla. 4th DCA 1982).

HERSEY, J., and OWEN, WILLIAM C., Jr. (Retired), Associate Judge, concur.

ANSTEAD, J., dissents with opinion.

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418 So. 2d 318, 1982 Fla. App. LEXIS 21408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-fladistctapp-1982.

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