Dickens v. State

District Court of Appeal of Florida

Dickens v. State

285 So. 2d 43

District Court of Appeal of Florida·Decided November 9, 1973·No. Nos. 73-401 and 73-402·Published

Opinion

WALDEN, Judge.

There being no merit to defendant-Dickens’ appeal, Case No. 73-401, his conviction for unlawful possession of a barbiturate drug is affirmed.

As to Defendant-Neal, the state failed to prove constructive or actual possession. Following the dictate of Smith v. State, Fla.App.1973, 276 So.2d 91, we reverse the conviction of Defendant-Neal, case No. 73-402. See also Frank v. State, Fla.App. 1967, 199 So.2d 117; Markman v. State, Fla.App.1968, 210 So.2d 486; Arant v. State, Fla.App.1972, 256 So.2d 515.

Affirmed as to case no. 73-401; reversed as to case no. 73-402.

CROSS and MAGER, JJ., concur,

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WALDEN, Judge.

There being no merit to defendant-Dickens’ appeal, Case No. 73-401, his conviction for unlawful possession of a barbiturate drug is affirmed.

As to Defendant-Neal, the state failed to prove constructive or actual possession. Following the dictate of Smith v. State, Fla.App.1973, 276 So.2d 91, we reverse the conviction of Defendant-Neal, case No. 73-402. See also Frank v. State, Fla.App. 1967, 199 So.2d 117; Markman v. State, Fla.App.1968, 210 So.2d 486; Arant v. State, Fla.App.1972, 256 So.2d 515.

Affirmed as to case no. 73-401; reversed as to case no. 73-402.

CROSS and MAGER, JJ., concur,

Dickens v. State, 285 So. 2d 43 (Fla. Ct. App. 1973).

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Opinion

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