Caldwell v. State

Full title: EDWARD EARL CALDWELL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 27, 1973

286 So. 2d 27 (Fla. Dist. Ct. App. 1973)

Opinion

No. 73-580.

November 27, 1973.

Appeal from the Criminal Court of Record for Dade County, Ellen Morphonios Rowe, J.

Kramer Telander, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Hertz, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Defendant-appellant was informed against for unlawful sale of cannabis [Fla. Stat. § 404.02, F.S.A.], tried by jury, found guilty, and sentenced to three (3) years in the state penitentiary.

On appeal, appellant contends that the evidence was not sufficient to sustain the conviction for sale of cannabis.

Contrary to appellant's contention, after a review of the record on appeal we find that the evidence presented to the trial court was sufficient to sustain the conviction. Cf. Straub v. United States, 351 F.2d 304 (5th Cir. 1965) and Harris v. State, Fla.App. 1969, 229 So.2d 670.

Accordingly, the judgment of the court below is affirmed.

Affirmed.